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DAVIS v. DAVIS

269 A.D.2d 82 (2000)

711 N.Y.S.2d 663

MICHAEL DAVIS, Respondent, v. MICHELE DAVIS, Appellant.

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

July 7, 2000.

Attorney(s) appearing for the Case

Kadish & Fiordaliso, Buffalo (Keith Irwin Kadish of counsel), Law Guardian.

Sharon A. Osgood, Buffalo, for appellant.

Siegel, Kelleher & Kahn, Buffalo (Kenneth A. Olena of counsel), for respondent.

HAYES, J. P., WISNER, SCUDDER and KEHOE, JJ., concur.

OPINION OF THE COURT

HURLBUTT, J.

At issue before us on this appeal is whether Supreme Court erred in refusing to remove a Law Guardian who moved on behalf of the parties' children to modify the existing joint custody arrangement. The Law Guardian sought an award of sole custody to plaintiff father, who retained and paid for the services of the Law Guardian. We conclude that the Law Guardian is disqualified...

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