Nicotera v. Nicotera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from an order of the Family Court of Saratoga County (Ferradino, J.), entered October 22, 1993, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 6, for modification of custody of the parties’ children.
*893The parties’ separation agreement, that is incorporated but not merged in the judgment of divorce entered on September 8, 1989, provides that they shall have joint custody of their two sons, born July 19, 1982 and February 14, 1986. Subsequently, pursuant to the parties’ April 1990 stipulation, Family Court, in June 1991, ordered that the…
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