Hopkins v. Gelia

Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J.), entered May 30, 2007 in a proceeding pursuant to Family Court Act article 6. The order, among other things, granted petitioner sole custody of the parties’ children.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Erie County, for a hearing on the petition.

Memorandum: Respondent mother appeals from an order modifying a prior order of joint custody by awarding petitioner father sole custody of the parties’ children, with…