Friederwitzer v. Friederwitzer

Weinstein, J.,

dissents and votes to reverse the order insofar as appealed from and deny defendant’s motion, with the following memorandum: I dissent from the holding of the majority which affirms the transfer of joint custody of the children (physical custody being with the mother) to sole custody with the father. Custody of children already residing with one parent pursuant to an agreement should not be transferred absent extraordinary circumstances (see Corradino v Corradino, 48 NY2d 894; Matter of Nehra v Uhlar, 43 NY2d 242; La Veglia v La Veglia, 54 AD2d 727), and I can find no such…