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KIMBERLY SM v. BRADFORD CENT

226 A.D.2d 85 (1996)

649 N.Y.S.2d 588

In the Matter of Kimberly S. M., an Infant, by Her Parents and Legal Guardians, Mariann D. M. et al., Appellant, v. Bradford Central School, Respondent. (Appeal No. 1.)

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

November 8, 1996

Attorney(s) appearing for the Case

Kevin P. Bradley, Durham, North Carolina, for appellants.

Sayles, Evans, Brayton, Palmer & Tifft, Elmira (Donna M. Hutchison of counsel), for respondent.

LAWTON, J. P., FALLON, CALLAHAN and DAVIS, JJ., concur.

BALIO, J.

Kimberly S. M. resides with her parents and older brother in Bradford, New York, and attends the Bradford Central School. Since the age of two, Kimberly has spent school and summer vacations with her brother at the home of their great aunt and uncle in New Jersey. In 1988, when Kimberly reached eight years of age, she and her brother began spending portions of those vacation periods at the home of their...

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