Opinion
December 17, 1976
Appeal from the Erie County Family Court.
Present — Moule, J.P., Cardamone, Simons, Dillon and Witmer, JJ.
Order unanimously reversed, without costs, and matter remitted to Erie County Family Court in accordance with the following memorandum: Inasmuch as the infants involved in this proceeding are now physically present in the State, Family Court has personal jurisdiction and may rule on the matter of custody (see Matter of Lang v Lang, 9 A.D.2d 401, 406, affd 7 N.Y.2d 1029; Matter of Bachman v Mejias, 1 N.Y.2d 575, 580-581; and cf. Ryan v Ryan, 24 A.D.2d 531). It was error, however, for the court to change its prior order of custody in the mother and award custody to the father without a hearing to determine whether circumstances had so changed since the entry of its prior order that the best interests of the children required a modification (Obey v Degling, 37 N.Y.2d 768; Skakun v Skakun, 11 A.D.2d 724).