Ferlo v. Ferlo

Order unanimously reversed, without costs, and matter remit*956ted to Oneida County Family Court for further proceedings in accordance with the following memorandum: Family Court erred in summarily dismissing appellant’s petition pursuant to article 6 of the Family Court Act in which he sought custody of his infant son. The divorce decree of the parties specifically provided that “all further questions relating to support, visitation and custody, or modification or enforcement of this Decree are referred to Family Court”. Although there was a valid separation agreement, incorporated, but not…