DWYER v. DE LA TORRE


279 A.D.2d 854 (2001)

719 N.Y.S.2d 362

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 January 18, 2001.


Spain, J.

Plaintiff and defendant were married in 1979 and are the parents of three children born in 1980, 1981 and 1984. After commencement of an action for divorce in 1995, the parties entered into an open-court stipulation, ultimately incorporated into a judgment of divorce, which provided, among other things, that defendant would have custody of the children and plaintiff would have a specific visitation schedule. In May 1999, plaintiff moved for an order holding...

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