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MATTER OF MICHAEL R. STEVENS, PETITIONER-APPELLANT, v. MICHAEL S. STEVENS, RESPONDENT-RESPONDENT.

Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Jefferson County Family Court for further proceedings in accordance with the following Memorandum:

Family Court erred in dismissing the petition seeking a change in custody of the parties' child without conducting a hearing. The allegations in the mother's petition "sufficiently demonstrated evidence of a change of circumstances to warrant a hearing" ( LaBombardi v. LaBombardi, 247 A.D.2d 590, 591). In any event, the affidavit of respondent father established the need for a hearing on the issue whether his relocation is in the best interests of the child ( see, Matter of Tropea v. Tropea, 87 N.Y.2d 727, 738-739).

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MATTER OF STEVENS v. STEVENS
(Sep 28, 2001)