MATTER OF MORTON v. MORTON


158 A.D.2d 458 (1990)

In the Matter of Kenneth Morton, Appellant, v. Donna Morton, Respondent

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

February 5, 1990


Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Family Court, Orange County, for further proceedings, including the taking of any additional evidence the parties wish to submit and a new determination.

The petitioner father is seeking physical custody of his son, Jason, and his daughter, Yvonne. Physical custody of Yvonne was granted to the respondent mother pursuant to an order entered in 1985; that order did...

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