Stefanie A. v. Loral R.H.

Appeal from an order of the Family Court, Chautauqua County (Judith S. Claire, J.), entered April 21, 2006 in a proceeding pursuant to Family Court Act article 6. The order granted sole custody of the parties’ child to petitioner.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of respondent, who is incarcerated, that Family Court erred in granting petitioner sole custody of the parties’ child without conducting a hearing. While generally custody should not be awarded without an evidentiary…