Collins v. Collins

Amended judgment unanimously modified, on the law, and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with the following memorandum: Prior to the divorce action commenced by plaintiff against defendant on the grounds of cruel and inhuman treatment, the parties entered into a separation agreement. The agreement provided for joint custody of the child of the marriage, who was approximately four years old at the time of the agreement in 1983, with principal residence to be with plaintiff father. Defendant was afforded…