Ramos v. Andino

*425In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Westchester County (Horowitz, J.), entered August 3, 2004, which, without a hearing, denied her petition to modify a prior custody determination in an order of the same court dated June 9, 2000, awarding the parties joint legal custody of their son, so as to award her sole custody of their son, and dismissed the proceeding.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family…