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IN THE MATTER OF BROOKS v. BROOKS

31 A.D.3d 756 (2006)

818 N.Y.S.2d 465

In the Matter of JOSEPH BROOKS, Respondent, v. MARISSA BROOKS, Also Known as MARISSA POLLACHEK, Appellant.

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

July 25, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the motion is denied, and the matter is remitted to the Family Court, Suffolk County, for a hearing to determine the best interests of the child and a new determination on the petition thereafter.

The Family Court incorrectly granted the father's motion for summary judgment on his petition seeking an initial determination...

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