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MTR OF CANABUSH v. WANCEWICZ

193 A.D.2d 260 (1993)

In the Matter of Joseph Canabush, Respondent, v. Evelyn E. Wancewicz, Appellant. (And Another Related Proceeding)

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

November 4, 1993

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C., Albany (John J. D'Andrea of counsel), for appellant.

R. Steven Aceti, P. C., Schenectady (Margaret C. Tabak of counsel), for respondent.

YESAWICH JR., J. P., CREW III, WHITE and MAHONEY, JJ., concur.

CASEY, J.

At issue on this appeal is whether Family Court correctly applied the "best interest" analysis in a child custody dispute between respondent, who is the child's biological mother, and petitioner, who is not the child's biological father. We conclude that despite the parties' stipulation to use the "best interest" analysis in any custody proceeding between them, Family Court could not deprive respondent...

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