MATTER OF OLEA v. DIAZ

2019-14015. Docket Nos. V-15001-17, V-17140-17.

194 A.D.3d 721 (2021)

143 N.Y.S.3d 583

2021 NY Slip Op 02801

In the Matter of Jesus Olea, Respondent, v. Stephanie Diaz, Appellant. (Proceeding No. 1.). In the Matter of Stephanie E. Diaz, Appellant, v. Jesus P. Olea, Respondent. (Proceeding No. 2.).

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

Decided May 5, 2021.


Attorney(s) appearing for the Case

Rhea G. Friedman , New York, NY, for appellant.

Janis A. Parazzelli , Floral Park, NY, for respondent.

Karen P. Simmons , Brooklyn, NY ( Eva D. Stein , Janet Neustaetter , and Christopher Imperioli of counsel), attorney for the child.

Chambers, J.P., Austin, LaSalle and Wooten, JJ., concur.


Ordered that the order is affirmed, without costs and disbursements.

The parties, who were never married, have one child together, born in 2012. In 2017, the mother and the father each filed a petition for sole legal and physical custody of the child. Following a hearing, the Family Court awarded the father sole legal and physical custody of the child, with parental access to the mother. The mother appeals.

In any child custody dispute, the court's paramount...

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