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In the Matter of Ronald Ingersol, Appellant, v. Robin Ingersol, Respondent

New York Supreme Court, Appellate Division1996-12-30
234 A.D.2d 1000651 N.Y.S.2d 838

Authorities cited

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Opinion

majority opinion

—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Jefferson County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing the petition seeking scheduled visitation for petitioner and his five children without conducting a hearing (see, Matter of Wise v Del Toro, 122 AD2d 714; see also, Gugino-Toufexis v Toufexis, 154 AD2d 914). We therefore remit the matter to Jefferson County Family Court for a hearing on the petition. (Appeal from Order of Jefferson County Family Court, Schwerzmann, J.—Visitation.) Present—Denman, P. J., Green, Fallon, Doerr and Balio, JJ.