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MATTER OF GAITOR v. MORRISSEY

47 A.D.3d 975 (2008)

849 N.Y.S.2d 324

In the Matter of DONALD E. GAITOR, Respondent, v. BARBARA R. MORRISSEY, Appellant. (And Six Other Related Proceedings.)

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

Decided January 3, 2008.

Peters, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) have one child together, Patrick (born in 1991). Pursuant to a December 2003 order of the Family Court of Albany County, the parties shared joint legal custody, with the father maintaining primary physical custody. On May 2, 2005, the father filed a violation petition alleging that the mother signed the child out of school without reason. On that same day, the mother went to the...

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