It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied.
Memorandum:
In an earlier appeal from an order entered November 27, 2002, this Court held that Supreme Court had erred in modifying the custody provisions of the parties' January 3, 2002 judgment of divorce because "defendant `failed to establish a change in circumstances so significant as to warrant a modification...
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