Ascolillo v. Ascolillo

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from stated portions of an order of the Family Court, Westchester County (Duffy, J.), dated December 8, 2005, which, after a hearing, inter alia, granted the father’s petition to modify the parties’ judgment of divorce to award him sole legal and physical custody of the subject child.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In a stipulation of settlement which was incorporated but not merged in the parties’ judgment of divorce…