Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements.
Between December 24, 2007, and February 25, 2008, the husband made three motions primarily seeking either temporary custody of the parties' five-year-old daughter, or enforcement of an oral agreement to share physical custody of the child. The wife opposed the husband's motions, but did not cross-move for any affirmative relief. In the order appealed from, the...
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