Kronenberger v. Kronenberger

—Order unanimously reversed on the law with costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The parties were divorced by judgment of Supreme Court, entered June 18, 1991, which incorporated but did not merge the terms of the parties’ separation *1060agreement. The separation agreement provided for joint custody of the parties’ children, with primary residence with respondent mother. On August 26, 1991, petitioner father brought an order to show cause seeking physical custody of the children. On September 18, 1991, an order was entered…