IN THE MATTER OF SMITH v. WHITE

503173.

2008 NY Slip Op 06242

IN THE MATTER OF KAYCE L. SMITH, Appellant, v. KEVIN J. WHITE, Respondent.

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

Decided and Entered: July 10, 2008.


Attorney(s) appearing for the Case

Teresa C. Mulliken, Harpersfield, for appellant.

Butler & Butler, Vestal (Matthew C. Butler of counsel), for respondent.

Bruno Colapietro, Law Guardian, Binghamton.

Before: Cardona, P.J., Mercure, Lahtinen, Kane and Kavanagh, JJ.


MEMORANDUM AND ORDER

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 primary caregiver...

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