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IN THE MATTER OF HUGHES v. LANE

56 A.D.3d 555 (2008)

867 N.Y.S.2d 512

In the Matter of MICHAEL J. HUGHES, Appellant, v. DONNA B. LANE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 12, 2008.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Nassau County, for an evidentiary hearing and thereafter a new determination of the petition.

At a proceeding on August 9, 2007 the court questioned the mother under oath. The court then relied, at least in part, on her testimony to resolve the allegations in father's petition, without also questioning...

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