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MATTER OF COX v. CRUZ

2018-12305, Docket No. V-32585-05/17C.

176 A.D.3d 1200 (2019)

109 N.Y.S.3d 676

2019 NY Slip Op 07777

In the Matter of Latoya Cox, Respondent, v. Mayra E. Cruz et al., Respondents. Gianna F., Nonparty Appellant.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Karen P. Simmons , Brooklyn, NY ( Eva D. Stein and Janet Neustaetter of counsel), attorney for the child, the nonparty-appellant.

Linda C. Braunsberg , Staten Island, NY, for petitioner-respondent.

Mayra E. Cruz, Brooklyn, NY, respondent-respondent pro se.

Janis A. Parazzelli , Floral Park, NY, for respondent-respondent Javier Figueroa.

Rivera, J.P., Balkin, Roman and Barros, JJ., concur.

Ordered that the order dated September 10, 2018, is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the mother's petition to modify the order dated January 13, 2006, so as to award her sole custody of the child and to permit the child to relocate with her to North Carolina is granted, and the matter is remitted to the Family Court, Kings County, for the determination of a visitation schedule for the child with the paternal great-aunt...

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