Goetz v. Donnelly

In a custody and visitation proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Tarantino, Jr., J.), dated September 10, 2009, as, upon denying the mother’s oral application to dismiss the petition, converted the application into one for summary judgment awarding sole custody to the mother, granted the mother’s converted application for summary judgment, in effect, denied the petition, and awarded sole custody of the subject child to the mother.

Ordered that the order is modified, on the…