MATTER OF LANGDON v. STEPHEN

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

Family Court abused its discretion in denying the petition for visitation without conducting a hearing (see, Matter of Fura v Seddon, 176 A.D.2d 1244, 1245; Matter of Elizabeth D., 127 A.D.2d 971; De Pinto v. De Pinto, 98 A.D.2d 985) and in peremptorily precluding petitioner from filing a subsequent petition for visitation with his sons while he remains incarcerated (see, Reese v. Reese, 130 A.D.2d 973). The matter is remitted to Cattaraugus County Family Court for a hearing before a different Judge.