MATTER OF DOTY v. DIAMATO III


50 A.D.3d 1138 (2008)

857 N.Y.S.2d 633

In the Matter of HEIDI DOTY, Respondent, v. JOSEPH V. DIAMATO III, Appellant.

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

Decided April 29, 2008.


Ordered that the order dated February 27, 2007 is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Orange County, for a new determination on the mother's petition, after affording the appellant notice and an opportunity to be heard.

By order dated August 5, 2002 the father was awarded visitation with the parties' two children on two weekends per month. The order was silent as to which parent was responsible for...

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