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Martin v. Tucker

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


July 2, 2010

IN THE MATTER OF ERIC R. MARTIN, SR., PETITIONER-RESPONDENT,
v.
ROBERT A. TUCKER, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appeal from an order of the Family Court, Oneida County (Brian M. Miga, J.H.O.), entered May 1, 2009 in a proceeding pursuant to Family Court Act article 6. The order awarded petitioner primary physical custody of the child, with joint custody with respondent and petitioner.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is affirmed without costs.

Same Memorandum as in Matter of Tucker v Martin (___ AD3d ___ [July 2, 2010]).

All concur except Centra, J.P., and Peradotto, J., who dissent and vote to reverse in accordance with the same dissenting Memorandum as in Matter of Tucker v Martin (___ AD3d ___ [July 2, 2010]).

20100702

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