MATTER OF DIPAOLO v. AVERY

CAF 11-01012.

93 A.D.3d 1240 (2012)

941 N.Y.S.2d 376

2012 NY Slip Op 1993

In the Matter of KELLY DIPAOLO, Appellant, v. MATTHEW K. AVERY, Respondent.

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

Decided March 16, 2012.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is reinstated and the matter is remitted to Family Court, Oneida County, for a hearing on the petition in accordance with the following memorandum: Petitioner mother contends on appeal that Family Court erred in sua sponte dismissing her petition seeking modification of a prior custody order by awarding her primary custody of the children without conducting...

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