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MATTER OF DEVITA v. DEVITA

2015-07558, Docket No. V-09332-08/14B.

143 A.D.3d 981 (2016)

2016 NY Slip Op 07024

39 N.Y.S.3d 527

In the Matter of GARY JOHN DEVITA, Respondent, v. THERESA R. DEVITA, Appellant.

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

Decided October 26, 2016.

Ordered that the order is affirmed, without costs or disbursements.

In a settlement agreement dated June 21, 2005, which was incorporated but not merged into the parties' judgment of divorce dated August 26, 2005, the parties agreed to share joint legal custody of their child, with residential custody to the mother and visitation to the father. The father subsequently commenced this proceeding, in effect, to modify the...

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