MATTER OF FARMER v. DERVAY


174 A.D.2d 857 (1991)

In the Matter of Julianne M. Farmer, Also Known as Julianne M. Dervay, Respondent-Appellant, v. Robert P. Dervay, Appellant-Respondent

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

June 13, 1991


Mahoney, P. J.

The parties were married on June 17, 1978 and divorced on April 24, 1984. Pursuant to a separation agreement incorporated but not merged into their divorce decree, joint custody of the parties' minor child Katelyn, born in July 1980, was awarded with principal physical custody given to petitioner. The agreement rendered petitioner's physical custody of Katelyn contingent on maintaining her residence within a radius of 50 miles from what...

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