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MATTER OF RODRIGUEZ v. RODRIGUEZ

438 CAF 19-01716.

194 A.D.3d 1416 (2021)

143 N.Y.S.3d 629

2021 NY Slip Op 02934

In the Matter of Jose A. Rodriguez, Appellant, v. Myrna Rodriguez, Respondent. In the Matter of Myrna Rodriguez, Respondent, v. Jose A. Rodriguez, Appellant.

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

Decided May 7, 2021.

Attorney(s) appearing for the Case

DAVID J. PAJAK , ALDEN, FOR PETITIONER-APPELLANT AND RESPONDENT-APPELLANT.

LAW OFFICE OF PETER VASILION, WILLIAMSVILLE ( PETER P. VASILION OF COUNSEL), FOR RESPONDENT-RESPONDENT AND PETITIONER-RESPONDENT.

MARY ANNE CONNELL , BUFFALO, ATTORNEY FOR THE CHILD.

WILLIAM D. BRODERICK, JR. , ELMA, ATTORNEY FOR THE CHILD.

AUDREY ROSE HERMAN , BUFFALO, ATTORNEY FOR THE CHILD.

Present—Smith, J.P., Peradotto, NeMoyer, Curran and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner-respondent father appeals from an order that effectively granted the motions of respondent-petitioner mother to dismiss his petitions seeking modification of a prior consent order of custody and visitation, and his other petitions alleging that the mother violated that prior consent order. We affirm.

Contrary to the father's contention, Family...

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