Cieri v. Cieri

*410In a matrimonial action in which the parties were divorced by judgment dated October 26, 1999, the mother appeals from an order of the Supreme Court, Queens County (Strauss, J.), entered February 29, 2008, which, without a hearing, granted the father’s motion to modify the judgment by awarding him sole custody of the parties’ daughter.

Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for an immediate hearing on the issue of the custody of the parties’ daughter and…