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MATTER OF CUMMINGS v. ROSOFF

2012-00893.

101 A.D.3d 713 (2012)

955 N.Y.S.2d 193

2012 NY Slip Op 8306

In the Matter of HEATHER J. CUMMINGS, Respondent, v. NEIL ROSOFF, Appellant. (Proceedings No. 1, 2 and 3.) In the Matter of NEIL ROSOFF, Appellant, v. HEATHER J. CUMMINGS, Respondent. (Proceedings No. 4 and 5.)

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

Decided December 5, 2012.

Ordered that the order dated December 12, 2011, is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the father's motion to vacate the orders and the order of protection dated March 14, 2011, is granted, the orders and the order of protection dated March 14, 2011, are vacated, and the matter is remitted to the Family Court, Dutchess County, for further proceedings on the petitions.

"A party seeking to vacate an order entered...

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