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MATTER OF ECK v. ECK, JR.

33 A.D.3d 1082 (2006)

822 N.Y.S.2d 651

In the Matter of LESLIE K. ECK, Appellant, v. KENNETH R. ECK, JR., Respondent. (And Another Related Proceeding.)

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

Decided October 19, 2006.

Cardona, P.J.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) were married in 1994, divorced in 2001 and have a son (born in 1998). Pursuant to a stipulation of settlement at the time of the divorce, the parties agreed to joint legal custody of their son, with physical custody to the mother and visitation to the father.

In June 2004, the mother commenced the first of the subject modification proceedings seeking sole custody of the...

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