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MATTER OF BATHRICK v. BATHRICK

504669.

71 A.D.3d 1293 (2010)

895 N.Y.S.2d 886

In the Matter of TRACY MARIE BATHRICK, Respondent-Appellant, v. DANIELLE E. BATHRICK, Respondent, and JOHN W. LAVALLEY, Appellant-Respondent. (And Other Related Proceedings.)

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

Decided March 18, 2010.

Stein, J.

Pursuant to a Family Court order entered upon consent in April 2006, respondent Danielle E. Bathrick (hereinafter the mother) and respondent John W. LaValley (hereinafter the father) were awarded joint legal custody of the subject child (born in 2006). In August of that year, however, as both parents were at the time incarcerated, petitioner (the child's maternal aunt) filed the initial petition in these proceedings seeking custody of her niece and was granted...

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