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MATTER OF MAGANA v. DELPH

2019-12259. Docket Nos. V-25163-16/17C/17D, V-25707-16/17C/17D.

195 A.D.3d 720 (2021)

145 N.Y.S.3d 360

2021 NY Slip Op 03589

In the Matter of Saphora Magana, Appellant, v. Dirk Delph, Respondent, et al., Respondent. (Proceeding No. 1.). In the Matter of Dirk Delph, Respondent, v. Saphora Magana, Appellant. (Proceeding No. 2.).

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

Mark Diamond , Yorkville Station, NY, for appellant.

Rebecca Fort , Brooklyn, NY, for respondent-respondent in Proceeding No. 1 and respondent in Proceeding No. 2.

Karen P. Simmons , Brooklyn, NY ( Rachel J. Stanton and Janet Neustaetter of counsel), attorney for the child.

LaSalle, P.J., Dillon, Iannacci and Christopher, JJ., concur.

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a reopened hearing to be conducted forthwith and a new determination of the petitions thereafter, in accordance herewith; and it is further,

Ordered that pending the new determination of the petitions, the provisions of the order dated October 23, 2019, shall remain in effect; and it is...

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