YOHON v. YOHON


23 A.D.3d 988 (2005)

804 N.Y.S.2d 167

ROBERT P. YOHON, JR., Respondent, v. MARIA YOHON, Appellant.

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

November 10, 2005.


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

Memorandum:

On appeal from an order awarding the parties joint custody of their child with primary physical residence with plaintiff, defendant contends that the Judicial Hearing Officer (JHO) erred in conducting a de novo hearing on the issue of custody and that the matter should have been treated as a modification proceeding. Even assuming,...

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