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MATTER OF BANKS v. BANKS

285 A.D.2d 686 (2001)

726 N.Y.S.2d 795

In the Matter of PATRICIA G. BANKS, Appellant, v. ROSHERA BANKS, Respondent. CARMAN M. GARUFI, as Law Guardian, Appellant.

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

Decided July 5, 2001.

Mugglin, J.

Respondent is the biological mother of David (born in 1985) and Jeremy (born in 1988). She and the children's father, Grayson Banks, were divorced in 1991 and, pursuant to joint custody arrangements, the children's principal residence was with respondent. In July 1997, however, pursuant to an agreement between respondent and Banks, the primary residence of the children was changed to that of the father. Petitioner and Banks were married in 1993. According...

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