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MATTER OF NICOTERA v. NICOTERA

222 A.D.2d 892 (1995)

635 N.Y.S.2d 739

In the Matter of Patricia T. Nicotera, Respondent, v. Thomas C. Nicotera, Appellant. James J. Brearton, as Law Guardian for Thomas C. Nicotera, Jr., Appellant

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

December 21, 1995

White, J.

The parties' separation agreement, that is incorporated but not merged in the judgment of divorce entered on September 8, 1989, provides that they shall have joint custody of their two sons, born July 19, 1982 and February 14, 1986. Subsequently, pursuant to the parties' April 1990 stipulation, Family Court, in June 1991, ordered that the physical custody of the children would be shared according to...

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