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MATTER OF CARLOS L. v. EVA P.

Docket Nos. V-18851-52/17, V-18851-52-17/18A, V-16821-22/17. Appeal No. 12757. Case No. 2019-5691.

190 A.D.3d 421 (2021)

139 N.Y.S.3d 54

2021 NY Slip Op 00018

In the Matter of Carlos L., Respondent, v. Eva P., Appellant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Larry S. Bachner , New York, for appellant.

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for respondent.

Janet Neustaetter , The Children's Law Center, Brooklyn ( Laura Solecki of counsel), attorney for the children.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

The record supports the award of legal and physical custody of the children to petitioner (see Matter of Frank M. v Donna W., 44 A.D.3d 495 [1st Dept 2007]). Contrary to respondent mother's contention, the court considered her testimony about petitioner's abusive history with respect to her, but found no evidence that the behavior she described affected petitioner's current fitness as a parent; among other things, the parties no...

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