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In the Matter of Cherice Shands v. Eric 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
[349] best 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.