MATTER OF MAUTE v. MAUTE


228 A.D.2d 444 (1996)

643 N.Y.S.2d 225

In the Matter of John Maute, Appellant, v. Lora Maute, Respondent

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

June 3, 1996


Ordered that the order is reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, the petition is granted, the application for an award of counsel fees is denied, and the matter is remitted to the Family Court, Rockland County, to establish an appropriate visitation schedule for the mother in accordance herewith.

A petition for a modification of custody should only be granted "`when the totality of circumstances...

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