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TOMEKA N.H. v. JESUS R.

1041 CAF 18-02251.

183 A.D.3d 106 (2020)

122 N.Y.S.3d 461

2020 NY Slip Op 02015

In the Matter of TOMEKA N.H., Appellant, v. JESUS R. et al., Respondents. MAUREEN N. POLEN, ESQ., Attorney for the Child, Appellant.

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

Decided March 20, 2020.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Rochester ( Christopher D. Thomas of counsel), and the LGBT Bar Association of Greater New York, New York City, for appellant.

Maureen N. Polen, Rochester, Attorney for the Child, appellant pro se.

Kaman Berlove Marafioti Jacobstein & Goldman LLP, Rochester ( Gary Muldoon of counsel), for respondent Jesus R.

Amy E. Schwartz-Wallace , Rochester, for Empire Justice Center, and Shannon P. Minter , San Francisco, California, of the California bar, admitted pro hac vice, for National Center for Lesbian Rights, amici curiae.

CARNI and TROUTMAN, JJ., concur with CENTRA, J.P.; CURRAN, J., concurs in a separate opinion; WINSLOW, J., dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

The issue in this case is whether petitioner has standing to seek joint custody of, and visitation with, the subject child, which would result in a tri-custodial arrangement among respondents, who are the biological mother and the biological father of the child...

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