Frawley v. Salvatore

In a matrimonial action in which the parties were divorced by judgment entered August 16, 2001, the mother appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (McNulty, J.), dated January 3, 2008, as denied, without a hearing, that branch of her motion which was to modify the parties’ custody arrangement from joint custody with residential custody with the father to joint custody with residential custody with her.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and the matter is…