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MATTER OF JORDAN v. CUMBERBATCH

237 A.D.2d 522 (1997)

656 N.Y.S.2d 906

In the Matter of Nicole Jordan, Appellant, v. Esther Cumberbatch, Respondent

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

March 24, 1997

Ordered that the order is affirmed, without costs or disbursements.

The hearing record supports the Family Court's determination that there were "extraordinary circumstances" to rebut the presumption in favor of the natural parent and turn the inquiry to the best interests of the child (see, Matter of Bennett v Jeffreys, 40 N.Y.2d 543). While the Family Court and the parties may have misapprehended the burden of proof...

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