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MATTER OF MILLER v. MICHALSKI

11 A.D.3d 1029 (2004)

782 N.Y.S.2d 469

In the Matter of DOLORES MILLER, Respondent, v NORMAN MICHALSKI, Appellant.

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

October 1, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We agree with respondent that Family Court erred in awarding custody of his child to petitioner, the child's paternal aunt, "without first considering whether extraordinary circumstances exist to deprive [respondent] of [his] superior right to custody" (Matter of Michael G.B. v Angela...

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