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MATTER OF SMITH v. MILLER

237 A.D.2d 294 (1997)

654 N.Y.S.2d 167

In the Matter of Doraine Smith, Appellant, v. Sydney Miller et al., Respondents. (Proceeding No. 1.) In the Matter of Doraine Smith, Appellant, v. Renaldo Allen et al., Respondents. (Proceeding No. 2.)

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

March 3, 1997

Ordered that the order is reversed, as a matter of discretion, with costs, and the petitions are reinstated.

This custody matter was initially commenced by the respondents Sydney and Beatrice Miller and Renaldo and Deborah Allen separately seeking custody of the petitioner's two children in the Family Court, Westchester County. The respondents are the maternal uncles and aunts of the children and reside, respectively, in North Carolina and Texas. On October 12, 1993...

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