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MATTER OF BENEDICT v. ZIMMER

296 A.D.2d 459 (2002)

744 N.Y.S.2d 717

In the Matter of CHARLES BENEDICT, Respondent, v. MELODY ZIMMER, Appellant.

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

Decided July 8, 2002.

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Family Court, Richmond County, for a hearing on the issue of custody and a de novo determination of the father's petition for a change of custody; and it is further,

Ordered that the provisions of the order dated June 27, 2000 shall remain in effect pending the new determination.

It was error for the Family Court to issue an order...

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