MATTER OF NOGUERA v. BUSTO

2019-10156. Docket No. V-16636-18.

189 A.D.3d 1050 (2020)

133 N.Y.S.3d 884

2020 NY Slip Op 07385

In the Matter of Monica Busto Noguera, Appellant, v. Loana Norali Noguera Busto et al., Respondents.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York, NY ( Mary Beth Forshaw , Sara Luz Estela , and Susan M. Cordaro of counsel), for appellant.

Sullivan & Cromwell LLP, New York, NY ( Sharon Cohen Levin of counsel), for respondent Loana Norali Noguera Busto.

Hegge & Confusione, LLC, New York, NY ( Michael Confusione of counsel), for respondent Andres Loaiza.

Chinyere Eze-Nliam , P.C., Jamaica, NY, attorney for the child.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ., concur.


Ordered that the order is reversed, on the facts, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for further proceedings in accordance herewith.

The child in this matter was born in 2009. In 2012, while child custody proceedings were pending in the Family Court, the mother fled to Argentina with the child without the father's permission. The father enlisted the aid of the police, the Federal...

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