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MATTER OF CARTER v. CARTER

58 A.D.2d 890 (1977)

In the Matter of Carolyn Carter, Respondent, v. Allen S. Carter, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 25, 1977

Order reversed, on the law, without costs and disbursements, and proceeding remanded to the Family Court for a new hearing in accordance herewith.

The parties entered into a separation agreement, incorporated into the judgment of divorce, which provided for specified periods of visitation. The mother, who did not have custody of the child, petitioned the Family Court for modification of the agreement in order to provide...

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