Ordered that the order is modified, on the facts and as a matter of discretion, by deleting the provision thereof which granted the father's petition for a transfer in custody, and substituting therefor a provision denying the father's petition; as so modified, the order is affirmed, without costs or disbursements.
During the course of a divorce action, the parties entered into an agreement dated October 26, 1989, pursuant to which the mother was to have custody of...
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