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IN THE MATTER OF RHUBART v. RHUBART

15 A.D.3d 936 (2005)

789 N.Y.S.2d 385

In the Matter of DENIS RHUBART, Respondent, v. BARBARA A. RHUBART, Appellant. In the Matter of BARBARA A. RHUBART, Appellant, v. DENIS RHUBART, Respondent.

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

February 4, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the second ordering paragraph and as modified the order is affirmed without costs.

Memorandum:

Petitioner-respondent Denis Rhubart (petitioner) and respondent-petitioner Barbara A. Rhubart (respondent) each filed a petition to modify a prior order of joint custody by seeking sole custody of their three children. "The record supports Family...

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