DiStefano v. DiStefano

Decision reserved, case held and matter remitted to the Family Court of Erie County for further proceedings in accordance with the following memorandum: The issue of custody of three children of the marriage was referred by Supreme Court to Family Court for hearing and determination. Respondent appeals from an order granting custody to petitioner. The record before us is incomplete. With consent of the parties the trial court ordered an investigation by the Probation Division of Family Court and psychiatric evaluations of the parties by the Family Court Clinic. While there is evidence that…