MATTER OF BREITENSTEIN v. STONE

514316

112 A.D.3d 1157 (2013)

977 N.Y.S.2d 785

2013 NY Slip Op 8476

In the Matter of TARAH BREITENSTEIN, Respondent, v. Do-MINIC STONE, Appellant.

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

Decided December 19, 2013.


Stein, J.

Appeal from an order of the Family Court of Schenectady County (James, J.H.O.), entered January 23, 2012, which granted petitioner's application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Pursuant to a June 2008 custody order, petitioner (hereinafter the mother) and respondent (hereinafter the father) shared joint legal and physical custody of their child (born in 2002). Following the father's incarceration...

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