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MATTER OF TOPP v. MARIE BOLOGNA

36 A.D.3d 924 (2007)

829 N.Y.S.2d 175

In the Matter of MICHAEL TOPP, Respondent, v. KIM MARIE BOLOGNA, Appellant.

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

Decided January 30, 2007.

Ordered that the order is reversed, on the facts and as a matter of discretion, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

The subject child Kaitlyn Rose Topp was born on June 9, 2000 to Kim Marie Bologna and Michael Topp. After surrendering to authorities in August 2000, the father was convicted of attempted murder in the second...

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