Baraby v. Baraby

— Mikoll, J.

Appeal from an order of the Family Court of Broome County (Barrett, J.), entered May 30, 1991, which, inter alia, granted respondent’s cross petition, in two proceedings pursuant to Family Court Act article 6, for custody of Luke Baraby.

On May 24, 1988 Family Court granted custody of the parties’ two children, Luke and Eve, to respondent. In December 1990, after a fire at respondent’s residence, Luke went to live with petitioner. Eve already resided with petitioner. Petitioner filed a modification of custody petition seeking custody of both children. Family Court awarded temporary…