MATTER OF JOHNSTON v. DICKES

1246 CAF 18-01125.

178 A.D.3d 1454 (2019)

112 N.Y.S.3d 643

2019 NY Slip Op 09208

In the Matter of Nicole L. Johnston, Appellant, v. Todd E. Dickes, Respondent.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

MARK D. FUNK , CONFLICT DEFENDER, ROCHESTER ( KATHLEEN P. REARDON OF COUNSEL), FOR PETITIONER-APPELLANT.

FITZGERALD MEDIATION PLLC, ROCHESTER ( NICOLE A. FITZGERALD OF COUNSEL), FOR RESPONDENT-RESPONDENT.

ELIZABETH deV. MOELLER , ROCHESTER, ATTORNEY FOR THE CHILD.

Present—Whalen, P.J., Smith, Curran, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated and the matter is remitted to Family Court, Monroe County, for further proceedings on the petition.

Memorandum: In this proceeding pursuant to Family Court Act article 6, we agree with petitioner mother that Family Court erred in summarily granting respondent father's motion to dismiss her petition to relocate with...

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