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MATTER OF SARDELLA v. MERKLE

2020-08640. Docket Nos. V-11318-18, V-11321-18.

199 A.D.3d 689 (2021)

153 N.Y.S.3d 896

2021 NY Slip Op 05970

In the Matter of David Sardella, Respondent, v. James A. Merkle, Appellant. (Proceeding No. 1.) In the Matter of David Sardella, Petitioner, v. Brittany N. Sardella, Respondent. (Proceeding No. 2.)

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

Decided November 3, 2021.

Attorney(s) appearing for the Case

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

Victoria L. Dow , Riverhead, NY, attorney for the child.

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

Ordered that the appeal is dismissed, without costs or disbursements.

The parties to this appeal are the father and the maternal grandfather of the subject child. Pursuant to a so-ordered stipulation of settlement dated August 13, 2018, the maternal grandparents and the father shared joint legal custody of the child, with the grandparents having residential custody. In addition, the father was permitted parental access, and the

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