Marchese v. D'Agostino

—In a habeas corpus proceeding pursuant to Domestic Relations Law § 70, the petitioner father appeals from a judgment of the Supreme Court, Suffolk County (Sgroi, J.), dated August 6, 2002, which, without a hearing, dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing and a new determination.

The petitioner father brought this habeas corpus proceeding pursuant to Domestic Relations Law § 70 to obtain custody of his daughter from the respondent mother.…