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IN RE ERROL S., pet-res, v. SHELIDAH D., res-res

9409. IN RE ERROL S., pet-res, v. SHELIDAH D., res-res — Geoffrey P. Berman, Larchmont, for ap — Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for res —LESLIE S. LOWENSTEIN, WOODMERE, ATTORNEY FOR THE CHILD DANTE S. MICHAEL S. BROMBERG, SAG HARBOR, ATTORNEY FOR THE CHILD JATAI S.—Order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about September 1, 2011, which granted the father's petition to modify an order of joint custody and awarded sole custody of the children to him, with visitation to respondent mother, unanimously affirmed, without costs.

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9409. IN RE ERROL S., pet-res, v. SHELIDAH D., res-res — Geoffrey P. Berman, Larchmont, for ap — Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for res —LESLIE S. LOWENSTEIN, WOODMERE, ATTORNEY FOR THE CHILD DANTE S. MICHAEL S. BROMBERG, SAG HARBOR, ATTORNEY FOR THE CHILD JATAI S.—Order, Family Court, New York County (Marva A. Burnett, Referee), entered on or about September 1, 2011, which granted the father’s petition to modify an order of joint custody and awarded sole custody of the children to him, with visitation to respondent mother, unanimously affirmed, without costs.

Pursuant to the prior order of the Family Court, the parties shared joint custody of their two children, with primary physical custody to the mother, who resides in Mount Vernon, with liberal visitation to the father, who resides in Manhattan. Subsequently, the father brought the instant proceeding seeking sole custody of the children based on a change in circumstances, namely, that the mother was not meeting the children’s basic hygiene and medical needs, and he had safety concerns regarding their school commute.

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