Ordered that the order is affirmed, without costs or disbursements.
In a stipulation of settlement which was incorporated but not merged in the parties' judgment of divorce dated May 31, 2006, the parties agreed to joint custody of their three children with the mother having residential custody. The instant proceeding was commenced on September 8, 2006, when the father sought to modify the parties' judgment of divorce to award him sole custody of the three children...
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