Majority
p. 1057Abbas Ispahani, Appellant, v Martha Ispahani, Respondent. [715 NYS2d 353]
—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memo
p. 1058
randum: We agree with plaintiff that Supreme Court erred in modifying a prior custody order and awarding custody of the parties’ son to defendant without conducting an evidentiary hearing (see, Matter of Naughton-General v Naughton, 242 AD2d 937 , 938). Consequently, we reverse the order and remit the matter to Supreme Court to conduct an evidentiary hearing on defendant’s motion. (Appeal from Order of Supreme Court, Onondaga County, Townes, J. — Custody.) Present— Pigott, Jr., P. J., Hurlbutt, Balio and Lawton, JJ.