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MATTER OF TONISHA J. v. PAUL P.

55 A.D.3d 386 (2008)

866 N.Y.S.2d 26

In the Matter of TONISHA J., Appellant, v. PAUL P., Respondent.

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

October 16, 2008.

The decision of the Referee awarding custody to the father lacked a sound and substantial basis (see Matter of Krebsbach v Gallagher, 181 A.D.2d 363 [1992], lv denied 81 N.Y.2d 701 [1992]). Although the Referee's statement that the child lived with both the father and mother for the first three or four years of his life implies that the parents virtually shared custody, it is clear that the mother had primarily raised and...

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