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MATTER OF ROBERTSON v. ROBERTSON

54 A.D.2d 1081 (1976)

In the Matter of Rose R. Robertson, Respondent, v. Billie H. Robertson, Appellant. (Appeal No. 1.) In the Matter of Billie H. Robertson, Appellant, v. Rose R. Robertson, Respondent. (Appeal No. 2.) In the Matter of Rose R. Robertson, Respondent, v. Billie H. Robertson, Appellant. (Appeal No. 3.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 5, 1976

Order unanimously reversed, without costs, and matter remitted to Ontario County Family Court for further proceedings.

Memorandum:

The rule to be applied now in custody cases involving a contest between a natural parent and a nonparent was restated recently by the Court of Appeals in Matter of Bennett v Jeffreys (40 N.Y.2d 543); see, also, Matter of Gomex v Lozado

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