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MTR LAYTON v. FOSTER

95 A.D.2d 77 (1983)

In the Matter of George L. Layton et al., Appellants, v. Roger Foster et al., Respondents

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

July 21, 1983

Attorney(s) appearing for the Case

Chernin & Gold (Bruno Colapietro of counsel), for appellants.

Scanlon & Vetrano for respondents.

SWEENEY, J. P., CASEY, WEISS and LEVINE, JJ., concur.

YESAWICH, JR., J.

Petitioners Catherine and George Layton are the grandparents of six-year-old Mark Foster, nee Mark Layton. The child's mother was divorced from petitioners' son, Mark's natural father, in 1978. The following year she married one Roger Foster who, in September, 1981, adopted Mark. Prior to the divorce of Mark's parents, petitioners saw the boy on a biweekly basis. After the divorce, they continued to have regular contact with Mark when...

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