Opinion
February 18, 1986
Appeal from the Supreme Court, Westchester County (Isseks, J.).
Order modified by deleting from the second decretal paragraph the words "unsupervised visitation with the infant child on Saturday afternoon from noon to 3 P.M.," and substituting therefor the words "visitation with the infant child on Saturday afternoons from noon to 3 P.M., which shall be supervised by a person mutually agreeable to both parents." As so modified, order affirmed insofar as appealed from, without costs or disbursements. The matter is remitted to the Supreme Court, Westchester County, for an immediate hearing on the issue of custody.
Since there is evidence in the record which indicates that the defendant may suffer from emotional and mental problems, Special Term improvidently granted him unsupervised visitation with the infant child based solely upon a reading of the submitted papers, pending a hearing (see, Katz v. Katz, 97 A.D.2d 398; Schlessel v Schlessel, 75 A.D.2d 869). Lazer, J.P., Thompson, Bracken and Rubin, JJ., concur.