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MATTER OF WILTSEY v. WILTSEY

294 A.D.2d 638 (2002)

742 N.Y.S.2d 153

In the Matter of CHERYL D. WILTSEY, Appellant, v. DANIEL WILTSEY, Respondent.

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

Decided May 2, 2002.

Mercure, J.P.

Petitioner and respondent are the parents of a daughter, born in November 1994. A 1998 order of Family Court awarded respondent sole custody of the child, subject to petitioner's specified visitation rights. In November 2000, petitioner filed the present petition for modification of Family Court's custody order. The petition alleged in a conclusory fashion that: the child was required to repeat kindergarten because she was confused, uncertain and emotionally...

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