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MATTER OF CAPLE v. CHEATHAM

2019-12673. Docket Nos. V-3751-16, V-4795-18.

189 A.D.3d 1033 (2020)

137 N.Y.S.3d 67

2020 NY Slip Op 07378

In the Matter of Ana Caple, Respondent, v. James Cheatham, Appellant. (Proceeding No. 1.) In the Matter of James Cheatham, Appellant, v. Ana Caple, Respondent. (Proceeding No. 2.)

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Rhonda R. Weir , Brooklyn, NY, for appellant.

Anthony DeGuerre , Staten Island, NY, for respondent.

Karen P. Simmons , Brooklyn, NY ( Janet Neustaetter of counsel), attorney for the child.

Mastro, J.P., Austin, Hinds-Radix and Wooten, JJ., concur.

Ordered that the order dated October 9, 2019, is affirmed, without costs or disbursements.

The father and the mother have one child together, born in 2010. In an order dated May 2, 2014, issued on consent, the Family Court awarded joint legal custody of the child to the parents and to the maternal grandparents, with primary physical custody of the child to the maternal grandparents, and certain parental access to the father. Thereafter, the mother filed a petition...

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