Opinion
Argued October 17, 1978
Decided November 30, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL J. DONAHOE, J.
Andrew F. Capoccia for appellant.
J.R. Hoover and Steven L. Barcus for respondent.
Order modified, without costs, and the matter remitted to Family Court, Chemung County, for a further hearing limited exclusively to the statements of fact made in the Law Guardian's report, which were supported solely by ex parte investigation. On the basis of the further hearing the court may take such action as its findings may require. As so modified, order affirmed.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.