Lucien V. v. Carmen V.

Order, Supreme Court, New York County (Walter Schackman, J.), entered on or about October 30, 1991, which denied defendant’s motion to vacate orders and judgments of divorce and custody pursuant to CPLR 5015, unanimously modified, on the law and in the exercise of discretion, to vacate the award of permanent custody to plaintiff, and remand for further proceedings with respect to custody, and otherwise affirmed, without costs.

This matter involves the custody of the parties’ sole issue, their son, born in New York City on October 9, 1989. Plaintiff-husband, who was born in Egypt, holds dual…