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MATTER OF TUTTLE v. WORTHINGTON

536 CAF 22-01012.

219 A.D.3d 1142 (2023)

195 N.Y.S.3d 351

2023 NY Slip Op 04282

In the Matter of Katrina Tuttle, Respondent, v. Kristine Worthington et al., Appellants, and Allegany County Department of Social Services, Respondent. Michael J. Caputo, Esq., Attorney for the Child, Appellant. (Appeal No. 2.).

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

KAMAN BERLOVE LLP, ROCHESTER (GARY MULDOON OF COUNSEL), FOR RESPONDENTS-APPELLANTS KRISTINE WORTHINGTON AND DONALD WORTHINGTON.

THOMAS L. PELYCH, HORNELL, FOR RESPONDENT-APPELLANT ANDREW WORTHINGTON.

MICHAEL J. CAPUTO, ROCHESTER, ATTORNEY FOR THE CHILD, APPELLANT PRO SE.

ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Smith, J.P., Lindley, Curran, Bannister and Ogden, JJ.

Appeals from an amended order of the Family Court, Allegany County (Terrence M. Parker, J.), entered May 16, 2022, in a proceeding pursuant to Family Court Act article 6. The amended order, among other things, awarded petitioner custody of the subject child.

It is hereby ordered that the amended order so appealed from is reversed on the law without costs and the matter is remitted to Family Court, Allegany County, for further proceedings in accordance with the following...

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