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MATTER OF MONTANEZ v. TOMPKINSON

2018-02950. Docket No. V-12589-17.

167 A.D.3d 616 (2018)

90 N.Y.S.3d 62

2018 NY Slip Op 08305

In the Matter of Mario Montanez, Appellant, v. Dara Tompkinson, Respondent.

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

Decided December 5, 2018.

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

The subject child was born in New York in May 2016. In early February 2017, the mother moved to Hawaii with the child after the father allegedly perpetrated acts of domestic violence against her in the child's presence. On February 7, 2017, the...

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