MATTER OF WILLARD v. SMITH


307 A.D.2d 773 (2003)

762 N.Y.S.2d 858

In the Matter of WADE A. WILLARD, Respondent, v. VICTORIA L. SMITH, Formerly Known as VICTORIA L. WILLARD, Appellant.

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

Decided July 3, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Respondent appeals from an order that modified the custody arrangement agreed upon by the parties in a stipulation of settlement that was incorporated but not merged in their judgment of divorce in 1997. Contrary to respondent's contention, petitioner established that respondent is less fit to provide the stability needed by their...

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