MATTER OF SMITH v. PATROWSKI

Order unanimously affirmed without costs. Memorandum: We agree with respondent that Family Court erred when it awarded temporary custody of the parties' son to petitioner without conducting an evidentiary hearing ( see, Matter of Farrelly-Brew v. Moore, 221 A.D.2d 1000; Van Etten v. Van Etten, 207 A.D.2d 992; Kronenberger v Kronenberger, 204 A.D.2d 1059, 1060). There is no need to reverse, however, because the court subsequently conducted an evidentiary hearing. The record of that hearing fully supports the court's determination that a change in custody is in the best interests of the child ( see, Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 947; Eschbach v. Eschbach, 56 N.Y.2d 167, 172).