M.B. v. M.B.

OPINION OF THE COURT

Richard S. Lawrence, J.

This is a motion by the petitioner father to dismiss the respondent/applicant mother’s instant petition for modification *193of a custody and visitation order previously entered by this court during 1999.

The instant petition was “clocked in” by the clerk’s office of this court on March 26, 2002 and first appeared on this court’s calendar July 12, 2002. Although the court cannot ascertain the date of service upon the petitioner, the date clearly was subsequent to April 28, 2002. Neither party has stated when service upon the respondent occurred.

Respondent…