MATTER OF LOPRESTI v. DAVID

2020-08437. Docket No. F-3608-19.

202 A.D.3d 790 (2022)

2022 NY Slip Op 00864

In the Matter of Philip Lopresti, Respondent, v. Julia David, Appellant.

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

Decided February 9, 2022.


Attorney(s) appearing for the Case

Tamara M. Harris , New York, NY, for appellant.

Jason M. Barbara & Associates, P.C., New Hyde Park, NY, for respondent.

Brathwaite Nelson, J.P., Roman, Genovesi and Dowling, JJ., concur.


Ordered that the order dated October 22, 2020 is affirmed insofar as appealed from, with costs.

The mother and the father were divorced in 2015 and have one child, born in 2008. Pursuant to a stipulation of custody and visitation dated May 24, 2013 (hereinafter the 2013 stipulation), incorporated but not merged into the parties' judgment of divorce, the parties agreed to joint legal custody of the child, with the mother having primary physical custody. In 2018, the...

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