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MATTER OF McATEER v. CONDON

296 A.D.2d 412 (2002)

744 N.Y.S.2d 891

In the Matter of JAMES S. McATEER, Respondent, v. NANCY CONDON, Appellant.

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

Decided July 1, 2002.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, without costs or disbursements, custody of the child is restored to the mother, and the matter is remitted to the Family Court, Suffolk County, for further proceedings on the father's petition for visitation.

The Family Court...

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