MATTER OF WAGNER v. DEL VALLE

2020-01756. Docket No. V-14882-15/17B.

198 A.D.3d 664 (2021)

152 N.Y.S.3d 335

2021 NY Slip Op 05345

In the Matter of Michael Philip Wagner, Appellant, v. Emily Christine Del Valle, Respondent.

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

Decided October 6, 2021.


Attorney(s) appearing for the Case

Daniel Lawrence Pagano , White Plains, NY, for appellant.

Scott Stone , White Plains, NY, for respondent.

Stephen P. Gold , White Plains, NY, attorney for the child.

Chambers, J.P., Connolly, Zayas and Dowling, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The parties, who were never married, have one child in common, born in October 2015. In an order dated February 22, 2016, which was entered upon the father's default and after an inquest, the mother was awarded sole legal and physical custody of the child. In August 2017, the father filed a petition to modify the prior order so as to award him, inter alia, parental access...

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