Smith v. Smith

—Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Cayuga County Family Court for further proceedings in accordance with the following Memorandum: The parties were married in March 1992 and their daughter was born in August 1992. Thereafter, the parties separated and, by order of Cayuga County Family Court dated September 30, 1993, respondent was awarded custody of the parties’ daughter and petitioner was given "liberal supervised visitation”. Thereafter, the parties reconciled and their son was born in November 1993. They resided together with…