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MATTER OF HUGHES v. DAVIS

1387 CAF 08-01244

68 A.D.3d 1674 (2009)

2009 NY Slip Op 9760

890 N.Y.S.2d 874

In the Matter of LAKICIA M. HUGHES, Appellant, v. LIONEL L. DAVIS, Respondent.

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

Decided December 30, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated, and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.

Memorandum: Upon her return from active military duty, petitioner mother filed a petition seeking to modify a prior order of custody. Family Court granted respondent father...

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