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MATTER OF SUTTON v. RIVERA

2021-00499. Docket Nos. V-0532-13/19E/19F, V-0533-13/19E/19F.

200 A.D.3d 1048 (2021)

155 N.Y.S.3d 810

2021 NY Slip Op 07548

In the Matter of Shawn A. Sutton, Appellant, v. Taisha Rivera, Respondent.

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

Decided December 29, 2021.

Attorney(s) appearing for the Case

Austin I. Idehen , Jamaica, NY, for appellant.

Richard Cardinale , Brooklyn, NY, for respondent.

Fred Wertheimer , Brooklyn, NY, attorney for the child Shawnti S. Deana Balahtsis, New York, NY, attorney for the child Saniyah S.

Hinds-Radix, J.P., Duffy, Connolly and Genovesi, JJ., concur.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County (IDV Part), to expeditiously conduct a hearing and for a new determination of the mother's motion thereafter.

Taisha Rivera (hereinafter the mother) and Shawn A. Sutton (hereinafter the father) have two children in common. In an order dated July 15, 2014 (hereinafter the custody order), the Supreme Court awarded custody to the...

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