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MATTER OF JONES v. RODRIGUEZ

2021-01027. Docket No. V-126-20.

209 A.D.3d 651 (2022)

174 N.Y.S.3d 874

2022 NY Slip Op 05529

In the Matter of Leonard Jones, Appellant, v. Stephanie Rodriguez, Respondent.

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

Decided October 5, 2022.

Attorney(s) appearing for the Case

Daniel E. Lubetsky , Jamaica, NY, for appellant.

Rhea G. Friedman , New York, NY, for respondent.

Mark Diamond , New York, NY, attorney for the child.

Iannacci, J.P., Rivera, Zayas and Dowling, JJ., concur.

In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Supreme Court, Kings County (IDV Part) (Esther M. Morgenstern, J.), dated January 19, 2021. The order, without a hearing, awarded sole legal and physical custody of the parties' daughter to the mother and, in effect, dismissed the father's petition for sole legal and physical custody of the parties' daughter without prejudice.

Ordered that the order is modified, on the...

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