Quintela v. Ranieri

— Order unanimously modified, on the law, and, as modified, affirmed, and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: Supreme Court improperly granted the grandparents visitation rights without first conducting an evidentiary hearing to determine the best interests of the grandchild (see, Kresnicka v Kresnicka, 48 AD2d 929; see also, People ex rel. Smith v Kudler, 71 AD2d 634; Matter of Frances E. v Peter E., 125 Misc 2d 164, 170). The order appealed from is modified, therefore, by reversing that part granting…