DWYER v. LA TORRE


260 A.D.2d 773 (1999)

687 N.Y.S.2d 789

PATRICK N. DWYER, Appellant, v. AMALIA E. DE LA TORRE, Respondent.

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

Decided April 8, 1999.


Spain, J.

After commencement of an action for divorce, the parties entered into an open-court stipulation which provided, among other things, that defendant would have custody of their three children and plaintiff would have a specific visitation schedule. In September 1997, after holding an ex parte, in camera hearing with the youngest child, Supreme Court, sua sponte, modified the visitation schedule. Plaintiff appealed and this Court reversed, holding that...

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