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MATTER OF RANDALL v. DIAZ

2021-05404. Docket Nos. V-3966-20/20A, V-3967-20/20A.

208 A.D.3d 1330 (2022)

174 N.Y.S.3d 605

2022 NY Slip Op 05322

In the Matter of Rushane Randall, Respondent, v. Kimberley Diaz, Appellant, and Althea Brown-Randall, Respondent.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Daniel L. Pagano, White Plains, NY, for appellant.

Carol Carozza, New Rochelle, NY, for petitioner-respondent.

George E. Reed, Jr., White Plains, NY, for respondent-respondent.

Lisa F. Colin, White Plains, NY, attorney for the child Rileigh R.

Julie A. Cherico, White Plains, NY, attorney for the child Raylynn R.

Dillon, J.P., Connolly, Christopher and Warhit, JJ., concur.

Ordered that the order dated June 21, 2021, is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Westchester County, for a hearing on the father's petition, consideration of new facts, and a new determination thereafter of the father's petition.

The father and the mother have two children in common. Pursuant to an order dated March 7, 2017, entered on consent, the mother, the father, and the paternal grandmother...

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