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MATTER OF STRNAD v. STEVENS

2017-12059. Docket Nos. V-22713-11/15A, V-22714-11/15A.

166 A.D.3d 789 (2018)

85 N.Y.S.3d 776

2018 NY Slip Op 07737

In the Matter of Roger W. Strnad, Jr., Respondent, v. Lesley B. Stevens, Appellant.

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

Decided November 14, 2018.

Ordered that the order dated October 26, 2017, is affirmed, without costs or disbursements.

The father filed a petition to modify an order of custody so as to award him sole legal and residential custody of the parties' children. Upon the mother's failure to appear for a hearing, the Family Court proceeded to hold an inquest, after which it issued an order granting the father's petition. The mother then moved pursuant to CPLR 5015 (a) (1) to vacate the order, arguing...

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