MATTER OF TROPEA v. TROPEA


87 N.Y.2d 727 (1996)

665 N.E.2d 145

642 N.Y.S.2d 575

In the Matter of Tammy L. Tropea, Respondent, v. John P. Tropea, Appellant. In the Matter of Jacqueline Browner, Respondent, v. Andrew Kenward, Appellant.

Court of Appeals of the State of New York.

Argued February 15, 1996

Decided March 26, 1996


Attorney(s) appearing for the Case

Sigmund V. Mazur, Syracuse, for appellant in the first above-entitled proceeding.

J. Scott Porter, Syracuse, for respondent in the first above-entitled proceeding.

Marsha A. Hunt, Syracuse, Law Guardian in the first above-entitled proceeding.

Brian D. Graifman, P. C., New York City (Brian D. Graifman of counsel), for appellant in the second above-entitled proceeding.

Cuddy & Feder & Worby, White Plains (Kathleen Donelli and Joshua E. Kimerling of counsel), for respondent in the second above-entitled proceeding.

Cooper & Daniele, P. C., White Plains (Theresa M. Daniele and Marc J. Domicello of counsel), Law Guardian in the second above-entitled proceeding.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

In each of these appeals, a divorced spouse who was previously granted custody of the couple's minor offspring seeks permission to move away from the area in which the noncustodial spouse resides. Both noncustodial spouses oppose the move, contending that it would significantly reduce the access to the children that they now enjoy. Their respective appeals...

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