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MATTER OF HILL v. HILLENBRAND

12 A.D.3d 980 (2004)

785 N.Y.S.2d 555

In the Matter of EDWARD G. HILL, Appellant, v. MELINDA HILLENBRAND, Respondent. (And Another Related Proceeding.)

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

November 24, 2004.

Rose, J.

The parties, who lived together sporadically until July 2002, are the parents of a child born in 1998. In March 2003, in response to the father's petition for custody, Family Court issued a temporary order retaining custody with the mother and providing the father with visitation. The mother subsequently cross-petitioned for custody. When the father failed to appear for the second day of the custody hearing, after earlier failing to appear for a settlement...

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