Cruz v. Cruz

Appeal from an order of the Family Court of Broome *993County (Pines, J.), entered November 9, 2007, which dismissed petitioner’s applications, in two proceedings pursuant to Family Ct Act articles 6 and 8 to, among other things, modify a prior order of custody.

The parties are the parents of two daughters (born in 2000 and 2003). Respondent (hereinafter the father) moved out shortly after the younger daughter was born and petitioner (hereinafter the mother) filed for divorce in 2004. Pursuant to an August 2006 stipulation which was incorporated, but not merged, into their judgment of divorce, the…