Ordered that the order is modified, on the law, (1) by deleting the provision thereof converting the mother's oral application to dismiss the petition into one for summary judgment awarding sole custody to the mother, (2) by deleting the provision thereof granting the mother's converted application for summary judgment, and (3) by deleting the provision thereof awarding sole custody of the subject child to the mother; as so modified, the order is affirmed insofar as appealed...
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