MATTER OF ROLSTON v. DECKER

512507.

94 A.D.3d 1264 (2012)

941 N.Y.S.2d 895

2012 NY Slip Op 2736

In the Matter of LYNN M. ROLSTON, Respondent, v. JESSICA L. DECKER, Appellant, and ANDREW L. ROLSTON, Respondent.

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

Decided April 12, 2012.


MALONE JR., J.

Respondent Jessica L. Decker (hereinafter respondent) is the mother of a child (born in 2003) and petitioner is the paternal grandmother of the child. In September 2009, petitioner commenced a modification proceeding seeking primary physical custody of the child, which was granted in an order entered April 19, 2011. Respondent appeals.

Inasmuch as the parties entered into a February 2012 consent order that superceded the April 2011 order being...

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