MATTER OF ATKINS v. MAYNARD


288 A.D.2d 878 (2001)

732 N.Y.S.2d 298

In the Matter of SHEILAH ATKINS, Appellant, v. ORTON MAYNARD, Respondent.

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

Decided November 9, 2001.


Order unanimously affirmed without costs.

Memorandum:

Family Court properly dismissed without prejudice the petition seeking modification of a prior custody order. The parties' child, born May 25, 1988, has lived with respondent since she was 2½ years old. The petition alleges that petitioner deserves a second chance to be a parent to the child and that circumstances have changed because she now owns her own home, has given the child "a lot of things...

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