MACCHIO v. MACCHIO


120 A.D.3d 560 (2014)

990 N.Y.S.2d 641

2014 NY Slip Op 05777

ANGELA MARIE MACCHIO, Respondent, v. DOMINIC ROCCO MACCHIO, Appellant.

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

Decided August 13, 2014.


In an action for a divorce and ancillary relief, the father appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Kent, J.), dated May 6, 2013, as, without a hearing, denied that branch of his motion which was to modify the custody provisions set forth in a separation agreement dated May 29, 2010, which was incorporated but not merged into the parties' judgment of divorce entered December 7, 2012, so as to award him residential custody...

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