MATTER OF KELLY v. KELLY


132 A.D.2d 977 (1987)

In the Matter of Janice Kelly, Respondent, v. William J. Kelly, Jr., Appellant

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

July 10, 1987


Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

The parties were divorced in March of 1985. The judgment awarded custody of their daughter to both parties, with primary physical custody to the mother so long as she remained in the marital residence in Oswego, New York. The father was given regular and frequent visitation under a schedule to be agreed upon, and both parties were restrained from removing the child from...

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