Legal Opinion

Smith v. O'Donnell

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 2013Published

1Opinion of the CourtMcCarthy, J.

Appeals from two orders of the Family Court of Cortland County (Campbell, J.), entered December 22, 2011, which, among other things, granted respondent’s application, in two proceedings pursuant to Family Ct Act article 6, to modify a prior order of custody.

*1312The parties, who are the parents of one child (born in 2008), entered into a stipulated custody order providing for joint custody and equal physical placement. The stipulation occurred in January 2011, but the order was not entered until March 24, 2011. On March 22, 2011, petitioner (hereinafter the father) commenced the first of these…

2Cases cited11 opinions

  1. People v. Yut Wai TomNew York Court of Appeals · 1981
  2. Williams v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Coley v. SylvaAppellate Division of the Supreme Court of the State of New York · 2012
  4. Gardner v. GardnerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Shirley v. ShirleyAppellate Division of the Supreme Court of the State of New York · 2012

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