Willard v. Smith

Appeal from an order of Family Court, Cattaraugus County (Kelly, J.H.O.), entered June 20, 2002, which awarded the parties joint custody of their children with primary residence to petitioner and visitation to respondent.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order that modified the custody arrangement agreed upon by the parties in a stipulation of settlement that was incorporated but not merged in their judgment of divorce in 1997. Contrary to respondent’s contention, petitioner…