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MATTER OF DAVID v. LoPRESTI

2018-10206, Docket No. V-8338-18/18A.

176 A.D.3d 701 (2019)

111 N.Y.S.3d 356

2019 NY Slip Op 07066

In the Matter of Julia David, Appellant, v. Philip LoPresti, Respondent.

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

Decided October 2, 2019.

Attorney(s) appearing for the Case

The Law Office of Tamara M. Harris PLLC, New York, NY, for appellant.

Jason M. Barbara, New Hyde Park, NY (Penny JG Berger of counsel), for respondent.

Catherine S. Bridge, Staten Island, NY, attorney for the child.

Balkin, J.P., Cohen, Miller and LaSalle, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the mother's petition is reinstated, and the matter is remitted to the Family Court, Queens County, for a new hearing on the mother's petition, before a different Court Attorney Referee, to be conducted with all deliberate speed, and a new determination thereafter; and it is further,

Ordered that pending the new hearing and determination of the petition, temporary physical custody of the child shall be with...

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