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IN THE MATTER OF HAMEL v. PORTO

22 A.D.3d 893 (2005)

802 N.Y.S.2d 286

In the Matter of ROXANNE DE HAMEL, Respondent, v. PETER PORTO, Appellant. (And Another Related Proceeding.)

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

October 20, 2005.

Cardona, P.J.

The parties to these proceedings were divorced in 2002 and are the parents of one son (born in 1995). Pursuant to a stipulation of settlement which was incorporated, but not merged, in a judgment of divorce, the parties were granted joint legal custody of the child. Although respondent (hereinafter the father) lived in Schenectady County at the time, the parties agreed that he would have physical custody of his son on weekdays, notwithstanding the fact...

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