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MATTER OF MILLER v. MILLER

507251.

77 A.D.3d 1064 (2010)

909 N.Y.S.2d 217

In the Matter of RAYMOND C. MILLER SR., Appellant, v. PATRICIA A. MILLER, Respondent. (And Another Related Proceeding.).

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

Decided October 21, 2010.

ROSE, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the divorced parents of two children (born in 2004 and 2005). Pursuant to a March 20, 2008 Family Court order regarding custody and visitation, the mother has sole legal custody of the children and the father is entitled to parenting time "at such times as the parties agree at the facility where he is incarcerated."

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