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MATTER OF KELLY v. KELLY

512461.

90 A.D.3d 1295 (2011)

934 N.Y.S.2d 272

2011 NY Slip Op 9071

In the Matter of WILLIAM J. KELLY, Appellant, v. KATHLEEN A. KELLY, Respondent.

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 divorced parents of three children (born in 1991, 1995 and 2000). Pursuant to a separation agreement entered into in February 2004, which was incorporated, but not merged, into their judgment of divorce, the parties agreed to share legal and physical custody of the children, with the mother having primary physical custody. The agreement also contained a provision regarding...

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