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MATTER OF RODRIGUEZ v. RODRIGUEZ

305 A.D.2d 608 (2003)

759 N.Y.S.2d 369

In the Matter of ALICIA RODRIGUEZ, Respondent, v. RICHARD RODRIGUEZ, Respondent, and JOSIE BELTRAN, Appellant.

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

Decided May 19, 2003.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see Family Ct Act § 1112); and it is further,

Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof denying the mother's application to modify the order dated December 7, 2001, and substituting therefor a provision granting that application and vacating the...

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