IN THE MATTER OF MINNER v. MINNER


56 A.D.3d 1198 (2008)

867 N.Y.S.2d 601

In the Matter of MICHELLE MINNER, Appellant, v. DAVID MINNER, Respondent.

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

November 14, 2008.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Cattaraugus County, for further proceedings in accordance with the following memorandum: We conclude that, in denying the amended petition pursuant to which petitioner mother sought permission for the parties' children to relocate with her to Texas, the Referee erred in failing to ascertain whether the children wished to...

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