Ordered that the order dated October 23, 2008, is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, the mother's petition to modify the order entered January 5, 2001, so as to award her residential custody of the subject child is granted, and the matter is remitted to the Family Court, Nassau County, for further proceedings to establish an appropriate visitation schedule for the father; and it is further,
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