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MATTER OF BATTS v. MUHAMMAD

2021-00410. Docket No. O-12938-18.

198 A.D.3d 750 (2021)

156 N.Y.S.3d 231

2021 NY Slip Op 05557

In the Matter of Cha-Kia Batts, Respondent, v. Mustafa Muhammad, Appellant.

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

Decided October 13, 2021.

Attorney(s) appearing for the Case

Richard Cardinale , Brooklyn, NY, for appellant.

Simpson Thacher & Bartlett, LLP, New York, NY ( Bryce L. Friedman , Susan M. Cordaro , and Kathryn P. Wheelock of counsel), for respondent.

Karen P. Simmons , Brooklyn, NY ( Louise Feld and Janet Neustaetter of counsel), attorney for the child.

Chambers, J.P., Barros, Wooten and Dowling, JJ., concur.

Ordered that the order of fact-finding and disposition is affirmed, without costs or disbursements.

As an initial matter, there is no merit to the mother's contention that the appeal should be dismissed as untimely taken. There is no evidence in the record that the father was served with the order of fact-finding and disposition by a party or the child's attorney, that he received the order in court, or that the Family...

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