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MATTER OF SMITH v. WHITE

53 A.D.3d 814 (2008)

861 N.Y.S.2d 829

In the Matter of KAYCE L. SMITH, Appellant, v. KEVIN J. WHITE, Respondent.

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

Decided July 10, 2008.

Mercure, J.

In April 2007, petitioner commenced this proceeding for modification of a prior order that awarded the parties joint custody of their child (born in 2001), with primary physical custody awarded to respondent and visitation to petitioner on alternate weekends, as well as at other times by agreement of the parties. Petitioner asserted that the separation of respondent from his wife, who allegedly served as the...

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