MATTER OF HOGAN v. SMITH

2021-05856, Docket Nos. V-3704-18/21J, V-3705-18/21J.

206 A.D.3d 808 (2022)

168 N.Y.S.3d 335

2022 NY Slip Op 03894

In the Matter of Ashley J. Hogan, Appellant, v. Luther C. Smith, Respondent.

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

Decided June 15, 2022.


Attorney(s) appearing for the Case

Carol L. Kahn , New York, NY, for appellant.

Kelley M. Enderley , Poughkeepsie, NY, for respondent.

Donna M. Genovese , White Plains, NY, attorney for the children.

Connolly, J.P., Christopher, Ford and Dowling, JJ., concur.


Ordered that the order dated June 30, 2021, is reversed, on the law and in the exercise of discretion, without costs or disbursements, the mother's motion to vacate the final order of custody and visitation dated May 6, 2021, is granted, and the matter is remitted to the Family Court, Dutchess County, for further proceedings in accordance herewith to be held with all convenient speed.

The father and the mother have two children in common. In an order of custody and...

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