
    In the Matter of Cherice Shands, Appellant, v Eric Wooling, Respondent.
    [746 NYS2d 398]
   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 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.  