Appellate Division of the Supreme Court of the State of New York August 19, 2002 (Shands v. Wooling)

The Family Court improvidently exercised its discretion in awarding custody of the child to the father without conducting a factual hearing to determine the fundamental issue of the *349best interests of the child (see Matter of Bowen v Roberts, 292 AD2d 380; Matter of Klang v Klang, 235 AD2d 476). Ritter, J.P., Feuerstein, Adams and Rivera, JJ., concur.