Matter of Manno v. Werley

Summary

The Appellate Division, Second Department, reversed a Family Court order concerning petitions to modify custody and parental access. The court remitted the matter for an expedited hearing and a new determination, while directing the parties to continue complying with the existing order pending further determination.

Holdings

1. New developments rendered the record insufficient to determine whether the Family Court's custody determination remained in the child's best interests.
2. The court declined to express an opinion on the appropriate custody determination and remitted both petitions for an expedited hearing and a new determination.

Questions Presented

1. Whether new developments rendered the appellate record insufficient to determine whether the Family Court's custody determination remained in the best interests of the child.
2. Whether the Family Court custody order should be reversed and the parties' modification petitions remitted for an expedited hearing and new determination.

Disposition

reversed_and_remanded