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IN THE MATTER OF AUSTIN v. HERBERT

22 A.D.3d 897 (2005)

802 N.Y.S.2d 553

In the Matter of CATHERINE AUSTIN et al., Respondents, v. SUSAN HERBERT, Appellant, et al., Respondents. (And Another Related Proceeding.)

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

October 20, 2005.

Mugglin, J.

In this contested custody case, petitioners, the paternal aunt and uncle, sought permanent custody of two boys (born in 1995 and 1996). Their biological father appeared at the hearing, but he neither contested the petition nor testified. Respondent Susan Herbert, the biological mother (hereinafter respondent), opposed the petition. After hearing the parties and others, Family Court found that the requisite extraordinary circumstances in parent versus nonparent...

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