DER v. SLR

XX/08.

2008 NY Slip Op 51593 (U)

DER, Plaintiff, v. SLR, Defendant.

Supreme Court of the State of New York, Kings County.

Decided July 22, 2008.


Attorney(s) appearing for the Case

Dewette C. Aughtry, Esq., Brooklyn, New York, Attorney for the Plaintiff.

Rick Stein, Esq., Brooklyn, New York, Attorney for the Defendant.

Lance Kramer, Esq., Brooklyn, New York, Attorney for the Child.


JEFFREY S. SUNSHINE, J.

Procedural History

On default this court awarded plaintiff-father custody of the parties' child whom is five (5) years of age. In August 2005, during a contested divorce proceeding, defendant-mother removed the parties' child to California.

The father commenced a divorce action on October 31, 2003, alleging cruel and inhuman treatment (see Domestic Relations Law 170 [1]). Initially, the mother appeared

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