Sipos v. Kelly

Amended order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: The trial court hearing a contempt proceeding regarding custody, without notice to appellant or appellant’s counsel, modified by reducing the appellant father’s visitation privileges. Recognizing the broad discretionary power the courts possess in custody matters (Domestic Relations Law, § 240; CPLR 3017, subd [a]), it is nevertheless plainly improper for a trial court to take action and grant relief without the matter being properly before it or without…