De Hamel v. Porto
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from an order of the Family Court of Albany County (Tobin, J), entered December 22, 2003, which, inter alia, granted petitioner’s application, in two proceedings pursuant to Family Ct Act article 6, to modify a prior order of custody.
The parties to these proceedings were divorced in 2002 and are the parents of one son (born in 1995). Pursuant to a stipulation of settlement which was incorporated, but not merged, in a judgment of divorce, the parties were granted joint legal custody of the child. Although respondent (hereinafter the father) lived in Schenectady County at the time, the…
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