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FLYNN-FEDERICO v. FEDERICO

8 A.D.3d 65 (2004)

777 N.Y.S.2d 649

JOAN FLYNN-FEDERICO, Respondent, v. SANTA FEDERICO, Appellant.

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

June 8, 2004.

The court should not have initiated ex parte contact with the forensic neutral (see Lightman v Lightman, 253 A.D.2d 453 [1998]) upon plaintiff's application for temporary exclusive possession of the marital residence, where her allegations did not rise to the level of requiring urgent relief. Moreover, the decision on exclusive possession attributed to the forensic neutral a statement concerning the child's "extreme emotional distress...

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