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MATTER OF GOMEZ v. LOZADO

53 A.D.2d 614 (1976)

In the Matter of Rafael Gomez, Appellant, v. Lavinia Lozado, Respondent

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

June 1, 1976

Judgment reversed, on the law, without costs or disbursements, and writ sustained. The findings of fact are affirmed.

Respondent is directed to return the infant to the custody of petitioner, his natural father, within 10 days after the termination of the present school term. Petitioner was found to be a fit parent and not to have abandoned his son. Under the circumstances he is entitled to custody as against the respondent...

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