MATTER OF MARCHESE v. D'AGOSTINO


303 A.D.2d 757 (2003)

756 N.Y.S.2d 868

In the Matter of ANTHONY J. MARCHESE, Appellant, v. URSULA D'AGOSTINO, Respondent.

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

Decided March 31, 2003.


Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing and a new determination.

The petitioner father brought this habeas corpus proceeding pursuant to Domestic Relations Law § 70 to obtain custody of his daughter from the respondent mother. The petition was not satisfied by the mere presence of the mother and daughter before the Supreme Court without...

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