Paul R. Sipos v. Sheila H. Kelly Et Al‪.‬

Amended order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: The trial court hearing a contempt proceeding regarding custody, without notice to appellant or appellants counsel, modified by reducing the appellant fathers visitation privileges. Recognizing the broad discretionary power the courts possess in custody matters (Domestic Relations Law, § 240; CPLR 3017, subd [a]), it is nevertheless plainly improper for a trial court to take action and grant relief without the matter being properly before it or without appropriate notice to one of the parties affected. The statute itself provides that upon an application the court may modify a previous direction with respect to the right to visitation "after such notice to the other party * * * and given in such manner as the court shall direct" (Domestic Relations Law, § 240). We agree with appellants contention that informal [66 A.D.2d 1022 Page 1023]