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MATTER OF DERUZZIO v. RUGGLES

510637.

88 A.D.3d 1091 (2011)

931 N.Y.S.2d 271

2011 NY Slip Op 7322

In the Matter of DANIEL J. DERUZZIO, Respondent, v. FAY RUGGLES, Appellant.

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

Decided October 20, 2011.

McCARTHY, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the divorced parents of three children, Elyse (born in 1992),* Daniel (born in 1993), and Michaela (born in 1996). Except for a brief period when the father had custody of Elyse, the mother has always had physical custody of the children and the father has had set visitation. The father filed this application to modify custody based upon allegations...

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