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MATTER OF FERNANDEZ v. HARRELL

2019-12700. Docket Nos. V-5318-18, V-3560-19.

194 A.D.3d 930 (2021)

144 N.Y.S.3d 374

2021 NY Slip Op 03178

In the Matter of Franchesca Fernandez, Respondent, v. Tanique Harrell, Appellant. (Proceeding No. 1.). In the Matter of Tanique Harrell, Appellant, v. Franchesca Fernandez, Respondent. (Proceeding No. 2.).

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

Decided May 19, 2021.

Attorney(s) appearing for the Case

Susan A. DeNatale , Bayport, NY, for appellant.

Abbe C. Shapiro , Mount Sinai, NY, for respondent.

Thomas W. McNally , Huntington, NY, attorney for the child.

Miller, J.P., LaSalle, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The parties, who were never married, are the parents of a child, born in May 2017. In April 2018, the mother filed a petition seeking custody of the child. Upon the father's default, the Family Court issued an order awarding the mother sole custody of the child, omitting any provision awarding parental access to the father. The father then moved to vacate the default order...

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