MATTER OF DeFRANCESCO v. MUSHTARE

507605.

77 A.D.3d 1079 (2010)

908 N.Y.S.2d 889

In the Matter of JAMES DEFRANCESCO, Appellant, v. STACY MUSHTARE, Respondent. (And Two Other Related Proceedings.)

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

Decided October 21, 2010.


Egan Jr., J.

The parties are the divorced parents of a son born in 1996. In June 2008, the parties entered into an agreement in Family Court whereby respondent (hereinafter the mother) was granted sole custody of the child with petitioner (hereinafter the father) having certain visitation rights. In July 2008, the father commenced the first of these three proceedings seeking to modify the custodial arrangement based on allegations that the mother attacked and bit...

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