MATTER OF ROSE v. SIMON

2017-06933, Docket Nos. V-25337-13, O-4367-17.

162 A.D.3d 1048 (2018)

80 N.Y.S.3d 345

2018 NY Slip Op 04736

In the Matter of Wayne R. Rose, Respondent, v. Cristina Simon, Appellant. (Proceeding No. 1.) In the Matter of Cristina Simon, Appellant, v. Wayne R. Rose, Respondent. (Proceeding No. 2.)

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

Decided June 27, 2018.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Queens County, for further proceedings consistent herewith.

The mother and the father, who have never been married to each other, are the parents of one child, born in October 2013. In December 2013, the father filed a petition for sole physical custody of the child. During the pendency of the custody proceeding, the mother filed a family...

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