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MATTER OF DAVIS v. PALACIO

61 A.D.3d 1280 (2009)

878 N.Y.S.2d 810

In the Matter of FRANKLIN DAVIS et al., Respondents, v. HERIBERTO PALACIO, Appellant. (And Another Related Proceeding.)

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

Decided April 30, 2009.

Cardona, P.J.

The child in this custody matter (born in 1999) has physical and developmental disabilities resulting from two strokes she suffered at birth. After her mother disappeared in 2000, respondent (hereinafter the father) was found to have neglected her and she was placed in the care of her maternal great aunt, who was awarded custody in April 2003. Among other things, the custody order provided that the father, who was then incarcerated and denied visitation...

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