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In the Matter of RONALD INGERSOL, Appellant, v. ROBIN INGERSOL, 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 scheduled visitation for petitioner and his five children without conducting a hearing ( see, Matter of Wise v Del Toro, 122 AD2d 714; see also, Gugino-Toufexis v Toufexis, 154 AD2d 914). We therefore remit the matter to Jefferson County Family Court for a hearing on the petition. (Appeal from Order of Jefferson County Family Court, Schwerzmann, J."Visitation.)

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IN RE MATTER OF INGERSOL v. INGERSOL
(Dec 30, 1996)