Brooks v. Brooks

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Suffolk County (Kelley, R.), dated August 12, 2005, as, without a hearing, granted the father’s motion for summary judgment on the petition and awarded him custody of the parties’ child.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the motion is denied, and the matter is remitted to the Family Court, Suffolk County, *757for a hearing to determine the best interests of the child…