Covington v. Coleman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Family Court of Albany County (Duggan, J.), entered July 13, 2005, which, inter aha, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody and visitation.
The parties are the parents of two children (born in 1992 and 1993). Petitioner (hereinafter the father), who is serving a life prison sentence in New Hampshire for murder, moved to set aside an April 1999 custody order upon the ground that he allegedly was never served with notice of that prior proceeding. The April 1999 order, which is not in…
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