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MATTER OF PETTAWAY v. SAVAGE

509889.

87 A.D.3d 796 (2011)

928 N.Y.S.2d 869

2011 NY Slip Op 6287

In the Matter of ERIC PETTAWAY, Appellant, v. ERIC SAVAGE, Respondent. (Proceeding No. 1.) In the Matter of WILLIAM SAVAGE II, Respondent, v. ERIC PETTAWAY, Appellant. (Proceeding No. 2.)

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

Decided August 18, 2011.

GARRY, J.

Eric Pettaway is the father of a daughter (born in 1997). In 2003, he and the child's mother, Denise Knight, now deceased, stipulated to joint legal custody of the child with primary physical custody to the mother and visitation to the father. The child resided with the mother and the child's two half siblings until the mother's death in June 2009, at which time the father commenced proceeding No. 1, seeking custody...

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