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MATTER OF ILDEFONSO v. BROOKER

511844.

94 A.D.3d 1344 (2012)

943 N.Y.S.2d 286

2012 NY Slip Op 3239

In the Matter of NICHOLAS ILDEFONSO, Appellant, v. TARA BROOKER, Respondent.

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

Decided April 26, 2012.

STEIN, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the unmarried parents of two children (born in 2007 and 2009). In December 2009, the mother commenced a proceeding seeking sole custody of the children. The father did not appear at the scheduled fact-finding hearing in February 2010 and Family Court awarded the mother sole custody by default. The father appeared at Family Court approximately one hour after the court issued the...

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