MATTER OF TRACI M.S. v. DARLENE C.


37 A.D.3d 1083 (2007)

829 N.Y.S.2d 353

In the Matter of TRACI M.S., Respondent, v. DARLENE C., Appellant.

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

Decided February 2, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Family Court erred in concluding that there were no "extraordinary circumstances" and in granting the petition awarding custody of the child to petitioner, the child's mother. Here, the child, who was 10 years old at the time of the hearing, had been in the custody of respondent, her grandmother...

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