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MATTER OF MONDELUS v. EMILE

2019-02597. Docket No. V-7640-09/17J.

183 A.D.3d 743 (2020)

121 N.Y.S.3d 666

2020 NY Slip Op 02794

In the Matter of Morales Mondelus, Respondent, v. Tania Emile, Appellant.

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

Decided May 13, 2020.

Ordered that the order dated January 18, 2019, is affirmed, without costs or disbursements.

The father filed a petition to modify an order of custody so as to award him sole residential and joint legal custody of the parties' child. In an order dated August 27, 2018, upon the mother's failure to appear at a hearing, the Family Court granted the father's petition. The mother then moved pursuant to CPLR 5015(a)(1) to vacate...

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