McCance v. DeWitt

In a matrimonial action in which the parties were divorced by a judgment entered September 11, 2009, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Buetow, Ct. Atty. Ref.), dated February 5, 2013, which, after a hearing, denied his motion to modify the custody provisions of a stipulation of settlement dated May 18, 2009, which was incorporated but not merged into the parties’ judgment of divorce, so as to award him sole custody of the parties’ child.

Ordered that the order is affirmed, with costs.

The parties entered into a stipulation of settlement pursuant to which…