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MATTER OF ZALL v. THEISS

2015-04839, Docket No. V-3573-11.

144 A.D.3d 831 (2016)

2016 NY Slip Op 07334

40 N.Y.S.3d 555

In the Matter of KRISTEN L. ZALL, Appellant, v. WAYNE M. THEISS, Respondent.

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

Decided November 9, 2016.

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

The mother and the father, who were never married, have one son together. In 2011, an order of custody was entered on consent, in which the parties agreed that they would share legal custody of the child, but that he would live primarily with the mother. In 2013, the parties agreed to modify the 2011 order by sharing physical custody of the child on an alternating weekly basis. After the 2013 order...

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