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MATTER OF TOMPKINS v. STERLING

267 A.D.2d 315 (1999)

699 N.Y.S.2d 890

In the Matter of ERNEST TOMPKINS et al., Respondents, v. KENNETH STERLING et al., Appellants. (Proceeding No. 1.) In the Matter of KENNETH STERLING et al., Appellants, v. ERNEST TOMPKINS et al., Respondents. (Proceeding No. 2.)

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

Decided December 13, 1999.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The twin boys at the center of this custody dispute have lived with the maternal grandparents since their birth on May 10, 1993. In June 1995, the biological mother, who is mildly retarded, married the biological father, and in October 1995, she tried to regain custody of the twins but the maternal grandmother refused to give them up. The biological parents then commenced...

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