MATTER OF WURMLINGER v. FREER


256 A.D.2d 1069 (1998)

682 N.Y.S.2d 757

In the Matter of PATRICIA WURMLINGER, Appellant, v. DALE FREER, Respondent.

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

Decided December 31, 1998.


Order unanimously affirmed without costs.

Memorandum:

Family Court did not err in dismissing the petition seeking modification of a prior custody order without conducting a hearing. The child, born March 13, 1989, lived with both petitioner and respondent, his parents, until he was three. In 1993 Family Court awarded the parties joint custody with primary physical residence with respondent father. The order was modified in 1996 to provide for supervision of...

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