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IN THE MATTER OF RECARD v. POLITE

21 A.D.3d 379 (2005)

799 N.Y.S.2d 578

In the Matter of LINDA RECARD, Appellant, v. ANTHONY POLITE, Respondent.

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

August 1, 2005.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

Since the initial child custody determination in this case was made by the Family Court, Kings County, after a lengthy trial, the court erred in summarily dismissing on jurisdictional grounds the mother's most recent petition to...

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