Opinion
September 15, 1997
Appeal from the Family Court, Kings County (Segal, J.).
Ordered that the appeal from the order dated July 10, 1996, is dismissed as abandoned, without costs or disbursements; and it is further,
Ordered that the order dated August 16, 1996, is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a hearing in accordance herewith.
The Family Court should not have granted the mother unsupervised visitation before conducting a full evidentiary hearing as to whether the expanded visitation is in the best interests of the child ( see, Matter of Sitzer v. Fay, 236 A.D.2d 475; Matter of Nakis-Batos v. Nakis, 191 A.D.2d 443; Matter of Peter R. v. Denise R., 163 A.D.2d 558). However, while this appeal was pending, the Family Court, Kings County (Segal, J.), dismissed the termination of parental rights petition and ordered a hearing on the issue of custody. In order to proceed as quickly as possible in this case, the visitation issue should be addressed at the custody hearing.
Mangano, P.J., Copertino, Altman and Goldstein, JJ., concur.