MATTER OF SMITH v. VISKER

1089 CAF 16-00679.

153 A.D.3d 1656 (2017)

2017 NY Slip Op 06812

60 N.Y.S.3d 883

In the Matter of CHEYENNE E. SMITH, Respondent, v. CHERYL E. VISKER, Appellant.

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

Decided September 29, 2017.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner mother stipulated to a prior order awarding shared custody of the subject child to the mother, respondent, who is the child's paternal grandmother (grandmother), and the child's father, who is not a party to this proceeding. That order also granted the grandmother primary physical custody of the child. After several other attempts to regain primary custody of the child...

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