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MATTER OF ROELOFSEN v. TIBERIE

64 A.D.3d 603 (2009)

883 N.Y.S.2d 543

In the Matter of PHILLIP ROELOFSEN, Appellant, v. JULIETTA TIBERIE, Respondent.

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

Decided July 7, 2009.

Ordered that the order dated December 2, 2008 is affirmed, with costs.

Pursuant to the parties' judgment of divorce, which incorporated but did not merge the terms of the parties' stipulation of settlement, the mother was awarded physical custody of the parties' three children, and the father was awarded visitation. The father commenced the instant proceeding seeking physical custody of the parties' three children.

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