Opinion
December 28, 1998
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted for further proceedings consistent herewith.
A relocation request may be granted if it is demonstrated that relocation would be in the best interests of the children ( see, Matter of Tropea v. Tropea, 87 N.Y.2d 727, 736; Matter of Blackburn v. Santiago, 250 A.D.2d 676). Given the conflicting allegations in the parties' affidavits, the court should not have denied, without a hearing, the plaintiff's motion for an order allowing her to relocate to Colorado ( cf., Matter of Ann C. v. Debra S., 221 A.D.2d 338). Accordingly, the matter is remitted for a hearing to determine the best interests of the children. The court is directed to appoint a Law Guardian to represent the children.
Miller, J. P., Ritter, Sullivan and Pizzuto, JJ., concur.