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IN THE MATTER OF MAZIEJKA v. FENNELLY

3 A.D.3d 748 (2004)

770 N.Y.S.2d 668

In the Matter of STANLEY W. MAZIEJKA, Respondent, v. DEBORAH A. FENNELLY, Appellant.

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

January 22, 2004.

Mugglin, J.

The parties are the parents of Noah, born in 1997. Pursuant to a Family Court order issued in 1999, the parties shared joint and residential custody, the child being transferred midweek. In the subsequent divorce action Supreme Court, by order dated August 21, 2002, determined that, since the child would be entering kindergarten in September 2002, joint custody should be continued, with the mother having primary residential custody. The judgment of divorce...

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