MATTER OF ASCOLILLO v. LOUISE ASCOLILLO


43 A.D.3d 1160 (2007)

844 N.Y.S.2d 339

In the Matter of ROBERT A. ASCOLILLO, Respondent, v. MARY LOUISE ASCOLILLO, Appellant.

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

Decided September 25, 2007.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In a stipulation of settlement which was incorporated but not merged in the parties' judgment of divorce dated November 20, 2003, the parties agreed to joint custody of their two minor children and that the minor children would reside with the mother. However, the stipulation of settlement further provided that: "The parties shall acknowledge that the children's wishes when...

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