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MATTER OF JAMES M. v. KEVIN M.

2011-04180.

99 A.D.3d 911 (2012)

952 N.Y.S.2d 257

2012 NY Slip Op 6958

In the Matter of JAMES M., Appellant, v. KEVIN M. et al., Respondents. (Proceeding No. 1.) In the Matter of JENNIFER M. et al., Appellants, v. KEVIN M. et al., Respondents. (Proceeding No. 2.) In the Matter of JENNIFER M., Appellant, v. KEVIN M. et al., Respondents. (Proceeding No. 3.) In the Matter of KEVIN M., Respondent, v. JENNIFER M. et al., Appellants. (Proceeding Nos. 4 and 5.)

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

October 17, 2012.

Ordered that the order dated March 28, 2011, is affirmed insofar as appealed from, with costs.

The mother and the father are parents of two children, Austyn and Jaymes. Since his birth, Austyn has been in the care and custody of the maternal grandfather, Kevin M., Austyn's legal guardian. Jaymes, after being removed from the care of the mother and father at birth and placed in foster care, was subsequently returned to the mother and father. By November 2009, the mother...

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