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IN THE MATTER OF SINGER v. LEVITT

65 A.D.3d 634 (2009)

883 N.Y.S.2d 728

In the Matter of MITCHELL SINGER, Appellant, v. ALAN LEVITT, Respondent.

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

Decided August 18, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent and the attorney for the child.

Contrary to the father's contention, he was not entitled to summary determination as to custody. Although as between a parent and a nonparent, a parent has a superior right to custody, such right may be lost when certain extraordinary circumstances exist (see Matter of Wilson v Smith, 24 A.D.3d 562

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