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MATTER OF EDWIN R. v. MARIA G.

9880.

175 A.D.3d 1196 (2019)

109 N.Y.S.3d 270

2019 NY Slip Op 06717

In the Matter of Edwin R., Respondent, v. Maria G., Appellant, and Administration for Children's Services, Respondent.

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

September 24, 2019.

Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.

Steven P. Forbes, Jamaica, for respondent.

Kenneth M. Tuccillo, Hastings on Hudson, attorney for the children.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

The hearing evidence presents a sound and substantial basis for the award of custody of the children to petitioner (see generally Matter of James Joseph M. v Rosana R., 32 A.D.3d 725, 726 [1st Dept 2006], lv denied 7 N.Y.3d 717 [2006]).

Respondent failed to present evidence to support her argument that the order continuing visitation based on the mutual agreement of the...

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