Schyberg v. Peterson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Westchester County (Greenwald, J.), entered October 20, 2011, which, without a hearing, denied his petition, in effect, inter alia, for sole physical custody of the subject children, and, sua sponte, in *858effect, inter alia, awarded sole physical custody of the subject children to the mother and certain visitation to him.
Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Westchester County, for an evidentiary…
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