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In the Matter of James M. Fox, Petitioner-Respondent v. Elaine H. Fox

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 16, 2012

IN THE MATTER OF JAMES M. FOX, PETITIONER-RESPONDENT,
v.
ELAINE H. FOX, RESPONDENT-APPELLANT. (APPEAL NO. 1.)

Appeal from an order of the Family Court, Ontario County (William F. Kocher, J.) , entered November 23, 2009 in a proceeding pursuant to Family Court Act article 6.

Matter of Matter of Fox v Fox

Decided on March 16, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, CARNI, AND SCONIERS, JJ.

The order, inter alia, granted sole legal and physical custody of the parties' child to petitioner.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in Matter of Fox v Fox ([appeal No. 2] ___ AD3d ___ [Mar. 16, 2012).

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

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