Weisman v. Weisman

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Whelan, J.), dated September 8, 2004, which denied his motion, inter alia, for sole custody of the parties’ two children and granted the defendant’s cross motion for an award of an attorney’s fee.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the motion and cross motion.

The Supreme Court erred in declining to conduct a hearing on the plaintiffs motion, inter alia, for sole…