MATTER OF JAXON UU.

Nos. 528471, 529734.

193 A.D.3d 1269 (2021)

147 N.Y.S.3d 713

2021 NY Slip Op 02565

In the Matter of Jaxon UU., Alleged to be an Abandoned Child. Tammy I., Appellant; Nicole H., Respondent, et al., Respondent. (Proceeding No. 1.) (And Another Related Proceeding.) In the Matter of Nicole H., Appellant, v. Tammy I., Respondent. (Proceeding No. 3.) (And Another Related Proceeding.).

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

Decided April 29, 2021.


Attorney(s) appearing for the Case

Matthew J. Buzzetti , Elmira, for Tammy I., appellant in proceeding No. 1 and respondent in proceeding No. 3.

Alena E. Van Tull , Binghamton, for Nicole H., appellant in proceeding No. 3 and respondent in proceeding No. 1. Susan McNeil, Brooktondale, attorney for the child.

Egan Jr., J.P., Lynch, Aarons and Colangelo, JJ., concur.


Nicole H. (hereinafter the mother) is the mother of a son (born in 2015). The child has been under the care of Tammy I., his stepaunt (hereinafter the aunt), since he was four months old. The aunt was granted sole legal and physical custody of the child in July 2017 by order of Family Court (Baker, J.) upon a finding of extraordinary...

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