MATTER OF FITZPATRICK v. FITZPATRICK

508302.

77 A.D.3d 1108 (2010)

909 N.Y.S.2d 795

In the Matter of MICHAEL FITZPATRICK, Appellant, v. CINDY FITZPATRICK, Respondent. (And Another Related Proceeding.)

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

Decided October 21, 2010.


CARDONA, P.J.

Pursuant to a March 2008 Family Court order entered upon stipulation, petitioner (hereinafter the father) and respondent (hereinafter the mother) share joint legal and physical custody of their two sons, Cody (born 1996) and Colton (born 1998). In 2009, the parties each petitioned to modify custody, however, the mother's petition was ultimately withdrawn. In addition, the father filed a petition alleging that the mother violated a separate Family Court...

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