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MATTER OF BARRIO v. MONTANEZ

2009-06429, 2009-06430.

71 A.D.3d 1140 (2010)

896 N.Y.S.2d 905

In the Matter of LISA BARRIO, Respondent, v. RICHARD MONTANEZ, Appellant.

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

Decided March 30, 2010.

Ordered that the appeal from the order is dismissed, without costs or disbursements, as that order was superseded by the amended order; and it is further,

Ordered that the amended order is affirmed, without costs or disbursements.

The father failed to proffer, before the Support Magistrate, any evidence of conduct on the part of the mother that could constitute "a voluntary and intentional relinquishment of a known...

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