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MATTER OF McKENNEY v. WESTERVELT

507596.

72 A.D.3d 1435 (2010)

899 N.Y.S.2d 448

In the Matter of JEAN A. McKENNEY, Respondent, v. DANIEL A. WESTERVELT, Appellant. (And Another Related Proceeding.)

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

Decided April 29, 2010.

CARDONA, P.J.

The parties are the parents of a son born in April 2004. The family resided together in North Carolina until petitioner (hereinafter the mother) relocated with the child to New York in 2006. The parties thereafter stipulated to joint legal custody and alternating parenting time in six-week blocks until such time as the child commenced school. In 2009, when the parties could not agree as to where the child would attend school— either in New York...

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