MATTER OF OREBEK v. VAIL

2018-13704. Docket Nos. V-1756-08/18D, V-1758-08/18D.

177 A.D.3d 976 (2019)

111 N.Y.S.3d 195

2019 NY Slip Op 08564

In the Matter of Tracy L. Orebek, Petitioner, v. John H. Vail, Respondent. Hailey et al., Nonparty Appellants.

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

Decided November 27, 2019.


Ordered that the order dated November 8, 2018, is reversed, on the law, without costs or disbursements, the father's motion to dismiss the petition is denied, the petition is reinstated, and the matter is remitted to the Family Court, Orange County, for further proceedings consistent herewith.

An order of custody and parental access dated September 29, 2008, awarded the parties joint legal custody of their three children, with residential custody to the father and...

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