Deuel v. Dalton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Family Court of Rensselaer County (Cholakis, J.), entered July 29, 2004, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.
On April 20, 2004, respondent (hereinafter the father) was awarded sole legal and physical custody of the parties’ daughter. Thereafter, on May 24, 2004, petitioner (hereinafter the mother) filed a petition in Family Court seeking custody. At the initial return date of the petition, the father served and filed a motion to dismiss asserting that the petition failed…
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