Coniglio v. Coniglio

Miller, J.,

dissents and votes to reverse the order and remit the matter to the Supreme Court, Queens County, for a hearing and new determination, with the following memorandum: I must respectfully dissent from the majority’s conclusion because, in my view, neither the defendant’s motion nor the plaintiffs cross motion should have been decided without a hearing.

Concededly, the parties to this appeal did reach a stipulation of settlement pursuant to which the issues of custody, visitation, and the plaintiffs rights to unilaterally relocate were decided. While such stipulations generally should…