MATTER OF BRENNAN v. ANESI


279 A.D.2d 840 (2001)

719 N.Y.S.2d 395

In the Matter of KEVIN J. BRENNAN, Appellant, v. RACHEL E. ANESI, Respondent.

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

Decided January 18, 2001.


Rose, J.

Petitioner and respondent are the parents of a child born in 1993. Apparently, by a prior order of Family Court, respondent was awarded sole custody of the child and petitioner was awarded visitation rights. Petitioner commenced this proceeding in March 2000 seeking to modify the prior order to award him sole or joint custody of the child. Family Court dismissed the petition without a hearing finding that "the petition [was] facially insufficient to warrant...

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