Bayne v. Roberts

Order unanimously reversed, on the law, without costs, and matter remitted to Supreme court, Monroe County, for a hearing, in accordance with the following memorandum: The mother appeals from the denial without a hearing of her application for modification of a prior order granting custody of the parties’ two children to the father. When the parties were divorced in 1978 they agreed that the mother should have custody. In 1981, after a hearing, the father gained custody, primarily, according to the court’s written decision, because of the instability in the mother’s life caused by the…