MATTER OF OWENS v. GARNER


63 A.D.3d 1585 (2009)

881 N.Y.S.2d 251

In the Matter of CHERYL R. OWENS, Respondent, v. WADE K. GARNER, Appellant.

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

Decided June 5, 2009.


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

Memorandum: Respondent father appeals from an order modifying a prior order pursuant to which he had sole custody of the parties' children, with visitation to petitioner mother, by awarding the mother sole custody of the children, with visitation to the father. Although we agree with the father that Family Court erred in granting temporary custody of the children to the mother...

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