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MATTER OF DENTE v. DENTE

225 A.D.2d 544 (1996)

638 N.Y.S.2d 757

In the Matter of Giselle Dente, Appellant, v. Lawrence Dente, Respondent

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

March 4, 1996

Ordered that the order is reversed, with costs, and the matter is remitted to the Family Court, Richmond County, for further proceedings consistent herewith.

Because the father had received custody of the parties' child as the result of a custody award obtained in a judgment of divorce entered upon the default of the mother, it was error for the court to render its decision on the mother's motion for modification without...

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