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MATTER OF MODICA v. THOMPSON

300 A.D.2d 662 (2002)

755 N.Y.S.2d 86

In the Matter of RUTHANNE MODICA, Respondent, v. ROBERT THOMPSON, Appellant.

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

Decided December 30, 2002.

Ordered that the order is affirmed, without costs or disbursements.

In 1993 the appellant and Lori Modica (hereinafter the mother) were divorced. Custody of their child was given to the mother, and the appellant was ordered to pay child support. After the divorce, the mother and the child resided with her parents, the respondent, Ruthanne Modica, and Joseph Modica (hereinafter the grandparents). In December 2000 the mother died after an illness. The child continued...

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