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Fourth Department – Gunn v. Gunn
By: Daily Record Staff//July 14, 2015//
Listen to this articleAppellate Division, Fourth Department
Custody
New Information on Appeal
Gunn v. Gunn
CAF 13-01398
Appealed from Family Court, Onondaga County
Background: The mother appealed from an order that awarded sole legal and primary physical custody of the parties’ children to the father arguing new information has come to light relevant to the case.
Ruling: The Appellate Division reversed. The court noted that the attorney for the child provided new information that the children have been living with the mother since 2014 with the father’s consent. Further, the father’s living arrangements had changed. Given the new information, the Appellate Division remitted the matter back to Family Court.
Elizabeth deV. Moeller of D.J. & J.A. Cirando for the respondent-appellant; Rupak R. Shah of the Frank H. Hiscock Legal Aid Society for the petitioner-respondent; Courtney S. Radick, attorney for the children
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