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MATTER OF McCOY v. McCOY

277 A.D.2d 384 (2000)

717 N.Y.S.2d 194

In the Matter of BOBBY McCOY, Respondent, v. SANDRA McCOY, Appellant.

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

Decided November 20, 2000.

Ordered that the order is affirmed, without costs or disbursements.

Where, as here, the father moved out of the marital residence, leaving the appellant with the parties' children, and did not seek custody of the children until seven months later, the father implicitly agreed that the appellant should be the custodial parent (see, Robert C. R. v Victoria R., 143 A.D.2d 262, 264...

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