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MATTER OF WHITNEY v. WHITNEY

162 A.D.2d 810 (1990)

In the Matter of Thomas J. Whitney, Appellant, v. Irene A. Whitney, Respondent

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

June 14, 1990

Mahoney, P. J.

The parties have two sons born in 1975 and 1980. They were divorced in 1988 pursuant to a judgment which incorporated but did not merge therein a stipulation providing for joint custody with physical custody with respondent and visitation for petitioner. Within six months, petitioner commenced this proceeding for custody. Following a hearing, Family Court found that physical custody should remain...

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