MATTER OF BURGESS v. ASH


41 A.D.3d 473 (2007)

838 N.Y.S.2d 584

In the Matter of MAURICE BURGESS, Respondent, v. ANTHONY ASH, Respondent. RICHARD S. BIRNBAUM, Nonparty Appellant.

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

Decided June 5, 2007.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioner, a former boyfriend of the subject child's biological mother, brought a petition against Anthony Ash, the child's legal guardian and biological uncle (hereinafter the respondent), seeking unsupervised visitation with the child. Pursuant to a consent order, the petitioner had been awarded monthly, supervised visitation with the child at the YWCA. Increased visitation...

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