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MATTER OF O'LEARY v. O'LEARY

244 A.D.2d 867 (1997)

668 N.Y.S.2d 122

In the Matter of Dennis J. O'Leary, Respondent, v. Lori H. Maxim O'Leary, Appellant

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

November 19, 1997

Order unanimously reversed on the law without costs and matter remitted to Livingston County Family Court for further proceedings in accordance with the following Memorandum: Family Court's custody determination changing the primary physical custody of the parties' youngest child from the mother to the father lacks a sound and substantial basis in the record (see, Fox v Fox, 177 A.D.2d 209, 211-212). The court acknowledged...

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