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MATTER OF MESSIMORE v. MESSIMORE

CAF 10-01945.

89 A.D.3d 1547 (2011)

932 N.Y.S.2d 753

2011 NY Slip Op 8433

In the Matter of HOWARD G. MESSIMORE, Appellant, v. STACY M. MESSIMORE, Respondent.

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

Decided November 18, 2011.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner father commenced this proceeding seeking to modify the existing custody provisions in the judgment of divorce, which was entered while he was deployed overseas with the United States Army, by awarding him primary physical custody of the parties' child. We agree with the father that his return from deployment constituted a change in circumstances warranting...

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