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IN THE MATTER OF CUMBER v. O'LEARY

56 A.D.3d 1067 (2008)

In the Matter of EDWARD CUMBER, Appellant, v. THELMA O'LEARY, Respondent. (Proceeding No. 1.) In the Matter of DEBBIE CUMBER, Appellant, v. TIMOTHY O'LEARY et al., Respondents. (Proceeding No. 2.) In the Matter of TIMOTHY O'LEARY et al., Respondents, v. THELMA O'LEARY, Respondent, and EDWARD CUMBER et al., Appellants. (Proceeding No. 3.) (And Another Related Proceeding.)

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

November 26, 2008.

Kavanagh, J.

Edward Cumber (hereinafter the father) and Thelma O'Leary (hereinafter the mother) are the parents of three children (born in 2000 and 2001). The mother and father never married, but stopped living together in 2004, when the mother and three children moved into the home of her parents, Timothy O'Leary and Rosaleen O'Leary (hereinafter the maternal grandparents). A custody order was issued on consent that awarded the mother and father joint legal custody...

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