Ordered that the appeal from the order dated May 6, 2009, is dismissed as academic, without costs or disbursements, in light of our determination on the appeal from the order dated December 23, 2009; and it is further,
Ordered that the order dated December 23, 2009, is affirmed insofar as appealed from, without costs or disbursements.
"To modify an existing custody arrangement, there must be a showing of a change of circumstances such that modification is...
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