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MATTER OF ABAIRE v. HIMMELBERGER

163 A.D.2d 626 (1990)

In the Matter of Paul R. Abaire, Respondent, v. Ingrid Himmelberger, Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of Ruth A. Herlihy, Appellant, v. John Beaudoin, as Commissioner of The Department of Social Services of Rensselaer County, et al., Respondents, and Ingrid Himmelberger, Appellant. (Proceeding No. 2.)

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

July 5, 1990

Mahoney, P. J.

Paul R. Abaire is the father of a girl born in 1978. Ingrid Himmelberger is the child's mother and Ruth A. Herlihy is the child's maternal grandmother. In 1985 Himmelberger voluntarily placed the child in the custody of the Rensselaer County Commissioner of Social Services. Abaire and Herlihy then filed petitions for custody. After a consolidated hearing on both petitions, joint custody was awarded with physical custody to Abaire and visitation...

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