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MATTER OF NEWMANN-WERTH v. WERTH

2017-07014. Docket Nos. V-22630-16/17A, V-22631-16/17A, V-22632-16/17A, O-22629-16.

165 A.D.3d 1147 (2018)

84 N.Y.S.3d 382

2018 NY Slip Op 07129

In the Matter of Yael Newmann-Werth, Respondent, v. Erik Werth, Appellant.

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

Decided October 24, 2018.

Ordered that the order dated June 23, 2017, is reversed, on the law, without costs or disbursements, the father's motion to vacate the order of custody and the final order of protection is granted, and the matter is remitted to the Family Court, Kings County, for new determinations on the mother's petitions forthwith; and it is further,

Ordered that pending a new determination on the mother's custody petition, the children shall remain with the mother.

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