MATTER OF COLE v. COMFORT


63 A.D.3d 1234 (2009)

880 N.Y.S.2d 373

In the Matter of DUSTIN L. COLE, Appellant, v. KAYLA M. COMFORT, Respondent.

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

Decided June 4, 2009.


Lahtinen, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) cohabitated briefly and are the parents of a daughter born in 2003. In November 2004, they consented to an order granting the mother sole custody of the child, with the father permitted weekly supervised visitation. According to the mother's testimony, the father did not avail himself of this visitation. The father was later incarcerated in October 2005 and subsequently sent to...

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