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MATTHEW SIMS, res, v. TESHIA BOYKIN, ap

MATTER OF MATTHEW SIMS, res, v. TESHIA BOYKIN, ap — (DOCKET NO. V-9713-14)Appeal from an order of the Family Court, Kings County (Michael L. Katz, J.), dated December 8, 2014. The order denied the mother's motion, in effect, pursuant to CPLR 5015 to vacate a final order of custody of the same court dated November 10, 2014, which, after an inquest and upon the mother's failure to appear, granted the father's petition for custody of the subject child. By decision and order on motion dated December 29, 2014, this Court stayed enforcement of the final order of custody dated November 10, 2014, pending hearing and determination of the appeal from the order dated December 8, 2014.

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MATTER OF MATTHEW SIMS, res, v. TESHIA BOYKIN, ap — (DOCKET NO. V-9713-14)Appeal from an order of the Family Court, Kings County (Michael L. Katz, J.), dated December 8, 2014. The order denied the mother’s motion, in effect, pursuant to CPLR 5015 to vacate a final order of custody of the same court dated November 10, 2014, which, after an inquest and upon the mother’s failure to appear, granted the father’s petition for custody of the subject child. By decision and order on motion dated December 29, 2014, this Court stayed enforcement of the final order of custody dated November 10, 2014, pending hearing and determination of the appeal from the order dated December 8, 2014.

ORDERED that the order dated December 8, 2014, is reversed, on the law and in the exercise of discretion, without costs or disbursements, the mother’s motion to vacate the final order of custody dated November 10, 2014, is granted, and the matter is remitted to the Family Court, Kings County, for a new hearing on the father’s petition for custody of the subject child, to be held with all convenient speed and in accordance herewith, and for a new determination of the petition thereafter; and it is further,

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