HEISLER v. HEISLER


30 A.D.3d 321 (2006)

818 N.Y.S.2d 60

RICHARD HEISLER, Respondent, v. FRANCINE HEISLER, Appellant.

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

June 27, 2006.


Contrary to the court's finding, the record indicates that defendant mother did in fact make out a prima facie case for relocation, warranting a hearing. At the outset, there was no reference in the court's decision regarding defendant's complaint about plaintiff father's noncompliance with the terms of their earlier stipulation regarding permanent custody and parenting time, and the record reflects that plaintiff has never addressed this issue. Furthermore, plaintiff's regular...

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