MATTER OF MESSLER v. MESSLER


218 A.D.2d 157 (1996)

638 N.Y.S.2d 242

In the Matter of Rosemarie Messler, Appellant, v. David A. Messler, Sr., Respondent

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

February 29, 1996


Attorney(s) appearing for the Case

Jessica C. Eggleston, Saratoga Springs, for appellant.

O'Connell & Aronowitz, Albany (James L. Coffin of counsel), for respondent.

John J. La Boda, Jr., Law Guardian, Saratoga Springs, for Robert Messler.

MIKOLL, J. P., WHITE, CASEY and PETERS, JJ., concur.


SPAIN, J.

Petitioner and respondent were married in 1986 and have one child, Robert (born in 1987). In May 1992, while petitioner prepared to move to Florida with her intended husband, the parties entered into a "stipulation agreement". The stipulation, prepared by petitioner's attorney, provided for, inter alia, full custody of Robert to respondent; although the stipulation contains no specific provisions...

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