MATTER OF McDOWELL v. MARSHALL

2021-07729, 2021-07731. Docket No. V-24551-15/19B.

210 A.D.3d 781 (2022)

178 N.Y.S.3d 173

2022 NY Slip Op 06248

In the Matter of James Clayton McDowell, Respondent, v. Chaya Mushka Marshall, Appellant.

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

Decided November 9, 2022.


Attorney(s) appearing for the Case

Abrams Fensterman, LLP, White Plains, NY (Robert A. Spolzino and Lisa Colosi Florio of counsel), for appellant.

Paul Leavin, New York, NY, for respondent.

Karen P. Simmons, Brooklyn, NY (Janet Neustaetter of counsel), attorney for the child.

Connolly, J.P., Miller, Ford and Voutsinas, JJ., concur.


In a proceeding pursuant to Family Court Act article 6, the mother appeals from (1) an order of the Family Court, Kings County (Kathleen C. Waterman, J.), dated October 1, 2021, and (2) an amended order of the same court dated October 13, 2021. The order and the amended order, insofar as appealed from, after a hearing, granted the father's petition to modify the custody provisions of a stipulation dated June 12, 2017, set aside the stipulation, awarded the father primary...

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