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IN THE MATTER OF FREY v. KETCHAM

57 A.D.3d 543 (2008)

869 N.Y.S.2d 160

In the Matter of EDWARD FREY, Respondent, v. STACIE A. KETCHAM, Appellant.

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

December 2, 2008.

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

"Where, as here, the parties have entered into an agreement concerning custody, it will not be modified absent a change in circumstances, and unless a modification would be in the best interests of the child" (Matter of Battista v Fasano, 41 A.D.3d 712, 713 [2007]; see Smoczkiewicz v Smoczkiewicz, 2 A.D.3d...

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