Bauer v. Bauer

— Appeals from an order and judgment of the Family Court of Rensselaer County (Reeves, J.), entered July 6,1981 and July 23,1981, which denied petitioner’s application for custody of the children of the parties and awarded custody to respondent. Examination of the record of this proceeding reveals that a probation report was admitted into evidence recommending that custody be awarded to the mother, although there was neither consent nor a stipulation to its admissibility by the opposing side. This error was not cured by calling the probation officer who conducted the investigation as a…