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MATTER OF VAZQUEZ v. VELEZ

CAF 11-00306.

90 A.D.3d 1559 (2011)

934 N.Y.S.2d 907

2011 NY Slip Op 9453

In the Matter of RICHARD A. VAZQUEZ, Appellant, v. ALLISON M. VELEZ, Respondent. In the Matter of RICHARD A. VAZQUEZ, Appellant, v. ALLISON M. VELEZ, Respondent. In the Matter of EVELYN SANTIAGO, Respondent, v. RICHARD A. VAZQUEZ, Appellant. In the Matter of RICHARD A. VAZQUEZ, Appellant, v. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent.

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

Decided December 23, 2011.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Erie County, for further proceedings in accordance with the following memorandum: Petitioner-respondent father appeals from an order granting physical custody of his child to petitioner maternal grandmother (grandmother), and joint custody to the father and grandmother. It is well established that a parent has a superior right to...

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