IN THE MATTER OF DONNELLY v. DONNELLY


55 A.D.3d 1373 (2008)

865 N.Y.S.2d 442

In the Matter of MICHAEL J. DONNELLY, Respondent, v. JONI L. DONNELLY, Appellant.

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

October 3, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Family Court properly modified a prior order of custody and visitation by awarding primary physical custody of the parties' child to petitioner father and visitation to respondent mother. "Where an order of custody and visitation is entered on stipulation, a court cannot modify that order unless a sufficient change in circumstances—since the time...

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