Opinion
November 13, 2000.
Appeal from Order of Supreme Court, Onondaga County, Townes, J. — Custody.
PRESENT: PIGOTT, JR., P. J., HURLBUTT, BALIO AND LAWTON, JJ.
Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum:
We agree with plaintiff that Supreme Court erred in modifying a prior custody order and awarding custody of the parties' son to defendant without conducting an evidentiary hearing ( see, Matter of Naughton-General v. Naughton, 242 A.D.2d 937, 938). Consequently, we reverse the order and remit the matter to Supreme Court to conduct an evidentiary hearing on defendant's motion.