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MATTER OF MAIO v. DeCRESCENZO

2011-08885.

100 A.D.3d 999 (2012)

954 N.Y.S.2d 616

2012 NY Slip Op 8127

In the Matter of FRANK C. MAIO, Appellant, v. JENNIFER A. DeCRESCENZO, Respondent.

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

November 28, 2012.

Ordered that on the Court's own motion, the notice of appeal from the decision dated September 9, 2011, is deemed a premature notice of appeal from the order dated November 30, 2011 (see CPLR 5520 [c]); and it is further,

Ordered that the order dated November 30, 2011, is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father's contention, the Family Court providently exercised its discretion in denying that branch...

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