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MATTER OF KATHERINE D. v. LAWRENCE D.

32 A.D.3d 1350 (2006)

822 N.Y.S.2d 349

In the Matter of KATHERINE D., Appellant, v. LAWRENCE D. et al., Respondents.

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

September 29, 2006.

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

Memorandum: Petitioner mother commenced this proceeding to modify a prior order that, inter alia, granted custody of her child to respondents Mary D. and Brian R.D., the child's paternal grandparents. By her petition, petitioner sought custody of the child. We agree with petitioner that Family Court erred in dismissing the petition without first finding...

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