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MATTER OF RUE v. CARPENTER

505504

69 A.D.3d 1238 (2010)

893 N.Y.S.2d 696

2010 NY Slip Op 598

In the Matter of JOHN RUE, SR., Respondent, v. TAMMY CARPENTER, Appellant.

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

Decided January 28, 2010.

Cardona, P.J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two daughters (born in 1999 and 2000). Pursuant to an August 2003 order entered upon stipulation, the parties shared joint legal custody, with the mother having primary physical custody and the father having visitation, among other times, on alternate weekends. In November 2007, the father commenced this proceeding seeking

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