Fernald v. Vinci

—In a matrimonial action in which the parties were divorced by judgment dated October 25, 2000, the plaintiff mother appeals from an order of the Supreme Court, Westchester County (Scancarelli, J.H.O.), dated April 5, 2002, which, without a hearing, inter alia, granted the father’s motion for custody of the parties’ three children and denied her cross motion for the same relief.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for assignment before a justice to hear and determine the motion and cross motion.

A…