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MATTER OF ROTH v. MESSINA

515252.

116 A.D.3d 1257 (2014)

984 N.Y.S.2d 221

2014 NY Slip Op 2637

In the Matter of ROSEMARY J. ROTH, Respondent, v. DIANA L. MESSINA, Appellant, et al., Respondent. (And Six Other Related Proceedings.).

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

Decided April 17, 2014.

Stein, J.

Respondents are the parents of two daughters (born in 1999 and 1995). As a result of two prior orders, respondent Diana L. Messina (hereinafter the mother) had physical and legal custody of the younger child. With respect to the older child, the mother and petitioner — the children's maternal aunt — shared legal custody, petitioner had physical custody and the mother had visitation. In September 2011, petitioner commenced the first of

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