Opinion
Argued September 10, 1999
December 20, 1999
In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Costello, J.), dated November 23, 1998, as awarded custody of the infant children to the plaintiff wife.
Philip Sands, Garden City, N.Y., for appellant.
Dominic A. Barbara, Garden City, N.Y. (Maxine K. Last of counsel), for respondent.
Marjorie E. Zuckerman, Bay Shore, N.Y., Law Guardian for the children.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM D. FRIEDMANN GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings in accordance herewith; and it is further,
ORDERED that pending a new determination, custody of the parties' infant children shall remain with the wife.
The Supreme Court improperly precluded the defendant from cross-examining the court-appointed forensics expert and from calling his own forensics expert (see, Matter of Friedel v. Board of Regents of University of State of N.Y., 296 N.Y. 347 ; see also,People v. Ramistella, 306 N.Y. 379 ; People v. Hill, 161 A.D.2d 506 ). Accordingly, the defendant was denied his right to properly present his case on the issue of custody.
The defendant's remaining contentions raised in his appeals from the intermediate orders are without merit or academic in light of the above determination (see, Musumeci v. Musumeci 267 A.D.2d 364 [App. Div. Docket Nos. 1998-02979 and 1998-07930], decided herewith.).
SANTUCCI, J.P., JOY, FRIEDMANN, and GOLDSTEIN, JJ., concur.