MATTER OF GARCIA v. ANTHONY SCRUGGS


44 A.D.3d 660 (2007)

843 N.Y.S.2d 166

In the Matter of ALEXA GARCIA, Appellant, v. WILLIAM ANTHONY SCRUGGS, Respondent.

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

Decided October 2, 2007.


Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, the petition to modify the order of custody and visitation dated April 11, 2006 is reinstated, and the matter is remitted to the Family Court, Kings County, before a different judge, to allow the petitioner additional time to effect service of the petition or make application for alternative means of service, and to hear and determine the merits of the petition...

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