Gugino-Toufexis v. Toufexis

Order unanimously reversed on the law with costs and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Family Court erred in dismissing the petition without conducting a hearing. In 1986, custody of the parties’ two children was awarded to respondent father, and we affirmed that award. A substantial factor in the trial court’s determination and in our affirmance was evidence that the father could better promote the emotional and intellectual development of the children and would promote the relationship of the children with…