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MATTER OF FRANCIS M. v. ANNE M.

279 A.D.2d 279 (2001)

718 N.Y.S.2d 822

In the Matter of FRANCIS M., Respondent, v. ANNE M., Appellant. In the Matter of JULIETTE M., a Child Alleged to be Neglected. ANNE M., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, Respondent.

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

Decided January 9, 2001.

That portion of the order denying modification of custody is appealable as of right since the determination of custody is contingent upon the outcome of the neglect proceeding (Family Ct Act § 1112 [a]; see, Matter of Peter R. v Denise R., 163 A.D.2d 558). On the merits, Family Court properly denied a temporary change of custody given the credibility issues associated with the affidavit of the father's brother that the mother...

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