Thompson v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mugglin, J.
Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered August 9, 1999 in Tompkins County, which, inter alia, modified a prior judgment by allowing plaintiff to relocate with the parties’ child to another State.
Plaintiff and defendant are the parents of a son (born in 1994). Upon separation in 1997, the parties entered into a stipulation, subsequently incorporated into a court order, providing for joint custody of the child, with primary residence of the child with plaintiff and liberal visitation with defendant. Plaintiff thereafter commenced an action for divorce,…
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