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MATTER OF SUSAN B. v. CHARLES M.

1431.

67 A.D.3d 488 (2009)

889 N.Y.S.2d 143

2009 NY Slip Op 08136

In the Matter of SUSAN B., Respondent, v. CHARLES M., Appellant.

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

Decided November 12, 2009.

The original order directed respondent not to consume alcohol while with the child. We defer to the more recent determination of the nisi prius court (see Eschbach v Eschbach, 56 N.Y.2d 167, 173 [1982]), which was supported by the testimony of two police officers that respondent arrived at the designated location for exchange of the child in a state of intoxication. Such conduct constituted a change in circumstances warranting modification...

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