MATTER OF ACQUARD v. ACQUARD

Motion for leave to appeal and for a stay denied. Memorandum: Contrary to the statement of Family Court, it is well settled that, absent extraordinary or exigent circumstances, temporary custody should not be transferred without an evidentiary hearing in a proceeding in which there are controverted allegations (see, Kronenberger v. Kronenberger, 204 A.D.2d 1059; see also, Hizme v Hizme, 212 A.D.2d 580). The transcript of the in camera interview supports the court's implicit finding of exigent circumstances in this case.