MATTER OF JANUSZKA v. JANUSZKA

Nos. 510301, 511266.

90 A.D.3d 1253 (2011)

934 N.Y.S.2d 622

2011 NY Slip Op 9051

In the Matter of DAVID J. JANUSZKA, Appellant, v. LINA D. JANUSZKA, Respondent. (And Another Related Proceeding.)

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

Decided December 15, 2011.


STEIN, J.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of two children (born in 2001 and 2004). Pursuant to an order entered in October 2009, the mother had sole custody of the children and the father—who was then incarcerated—was entitled to communicate with the children by mail and by telephone, subject to certain terms and conditions. As relevant here, the mother was also obligated to provide the father...

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