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MATTER OF E.R. v. S.C.

Docket. No. V-06436/20 Appeal No. 1192 Case No. 2023-01503.

222 A.D.3d 452 (2023)

202 N.Y.S.3d 24

2023 NY Slip Op 06330

In the Matter of E.R., Appellant, v. S.C. et al., Respondents.

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

Decided December 12, 2023.

Attorney(s) appearing for the Case

Law Office of Thomas R. Villecco, P.C., Jericho ( Thomas R. Villecco of counsel), for appellant.

Jay A. Maller , New York, for respondent.

Janet Neustaetter , The Children's Law Center, Brooklyn ( Laura Solecki of counsel), attorney for the child.

Concur—Kern, J.P., Singh, Kennedy, Mendez, Rodriguez, JJ.

Order, Family Court, Bronx County (Tamara Schwarzman, Ref.), entered on or about March 13, 2023, which, after a traverse hearing, granted respondent S.C.'s motion to vacate a final custody order, same court and Referee, dated May 17, 2021, entered upon her default after an inquest and awarded petitioner sole legal and physical custody of the subject child, unanimously affirmed, without costs.

Family Court properly granted respondent mother's motion

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