MATTER OF NOEL v. MELLE

2016-09149. Docket No. V-00622-11/16A.

151 A.D.3d 1065 (2017)

58 N.Y.S.3d 475

2017 NY Slip Op 05226

In the Matter of EVANS NOEL, Respondent, v. WIDLYNE MELLE, Respondent. ETHAN N. Nonparty Appellant.

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

Decided June 28, 2017.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County (IDV Part), for further proceedings consistent herewith.

The parties are the parents of the subject child born in 2007. The parties never married. By order on consent dated February 3, 2012 (hereinafter the consent order), the mother was awarded sole legal and physical custody of the child, with visitation to the father. The...

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