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ANNEMARIE McAVOY, Appellant, v. JOHN HANNIGAN, Respondent.

Ordered that the: order is affirmed insofar as appealed from, with costs.

The Supreme Court possessed adequate relevant information so as to enable it to make an informed and provident temporary custody determination ( see Matter of Levande v Levande, 10 AD3d 723). The evidence before the Supreme Court was sufficient to enable it, even without a hearing, to reach a sound conclusion that, under the circumstances of this case, it was in the child's best interest to award temporary residential custody to the father until such time as a hearing could be conducted on the issue of permanent custody ( see Matter of Levande v Levande, supra at 724; Matter of Porter v Burgey, 266 AD2d 552, 553).

The mother's remaining contentions are without merit.

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McAVOY v. HANNIGAN
(Jun 26, 2007)