MATTER OF SMITH v. O'DONNELL

513811.

107 A.D.3d 1311 (2013)

968 N.Y.S.2d 227

2013 NY Slip Op 4852

In the Matter of JAMES E. SMITH, Appellant, v. JENNIFER O'DONNELL, Respondent. (And Another Related Proceeding.)

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

Decided June 27, 2013.


McCarthy, J.

The parties, who are the parents of one child (born in 2008), entered into a stipulated custody order providing for joint custody and equal physical placement. The stipulation occurred in January 2011, but the order was not entered until March 24, 2011. On March 22, 2011, petitioner (hereinafter the father) commenced the first of these proceedings seeking to modify the order by providing him "full temporary...

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