DECISION & ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs to the respondent.
In a stipulation of settlement which was incorporated but not merged in the parties' judgment of divorce dated April 19, 2001, the parties agreed to joint custody of their daughter, with shared residential custody. The instant proceeding was commenced on or about August 28, 2006, when the father sought to modify the parties' judgment of divorce...
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