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MATTER OF GREGORY v. GREGORY

2008-05895 (Docket No. F-12266-07)

68 A.D.3d 770 (2009)

2009 NY Slip Op 9028

890 N.Y.S.2d 591

In the Matter of PEARLIE MAE GREGORY, Respondent, v. BELVIN GREGORY, JR., Appellant. NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, Intervenor Respondent.

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

Decided December 1, 2009.

Ordered that the order dated May 16, 2008, is affirmed insofar as appealed from, without costs or disbursements.

The father and the mother married in 1985 and had three children. In 2001 the parents physically separated and the mother retained custody of the children. At some unspecified time, the parents agreed that the father would have primary custody of their two sons, and the mother would have primary custody of their daughter. Although there was no written agreement...

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