MATTER OF DUNGEE v. SIMMONS


307 A.D.2d 312 (2003)

762 N.Y.S.2d 514

In the Matter of BARBARA DUNGEE et al., Respondents, v. TERRY SIMMONS, Appellant.

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

Decided July 21, 2003.


Ordered that the order is reversed, on the law, without costs or disbursements, the matter is remitted to the Family Court, Kings County, for an evidentiary hearing on the issue of extraordinary circumstances, and the subject child is to remain in the temporary joint custody of the petitioners pending the outcome of the hearing.

Under the facts of this case, the Family Court erred in granting the petition awarding custody of the subject child to the petitioners, who...

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