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MATTER OF DIANA W. v. JOSE X.

296 A.D.2d 614 (2002)

745 N.Y.S.2d 580

In the Matter of DIANA W., Appellant, v. JOSE X., Respondent.

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

Decided July 3, 2002.

Lahtinen, J.

Petitioner and respondent are the biological parents of a son born in December 1988. Respondent was granted sole custody of the child in 1994 in an order of disposition following a finding of neglect entered against petitioner under Family Court Act article 10 and, except for a brief period in 1995, he has since maintained sole legal and physical custody of the child. As a result of modification petitions filed by petitioner,

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