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IN THE MATTER OF CARABALLO v. COLON

9 A.D.3d 459 (2004)

780 N.Y.S.2d 182

In the Matter of EVELYN CARABALLO, Respondent, v. SAMUEL COLON, Appellant.

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

July 26, 2004.

Ordered that the appeal from so much of the order as declined to determine the father's application for visitation is dismissed, without costs or disbursements, as that application remains pending and undecided; and it is further,

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

The father's contention that the court should have recused itself is unpreserved for appellate review (see Matter of Karina

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