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IN THE MATTER OF FELICITY v. LANCE RR.

27 A.D.3d 790 (2006)

811 N.Y.S.2d 465

In the Matter of FELICITY II., Respondent, v. LANCE RR., Appellant, et al., Respondent.

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

March 2, 2006.

Mugglin, J.

The dispositive issue presented by this appeal is whether a Family Ct Act article 6 petition for custody of a child made by a nonparent may be entertained by the court during the pendency of an order of placement and a permanency plan designed to reunite parent and child. In this case, for the reasons hereinafter expressed, we answer the question in the negative and reverse.

The child was born in 1998...

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