Matter of Mac Donald v Lynch
2004 NY Slip Op 05968 [9 AD3d 920]
Decided on July 9, 2004
Appellate Division, Fourth Department
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.


Decided on July 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PINE, J.P., SCUDDER, KEHOE, GORSKI, AND MARTOCHE, JJ.

998 CAF 03-02052

[*1]MATTER OF TAMMY MAC DONALD, PETITIONER-RESPONDENT, ORDER

v

MICHAEL LYNCH, RESPONDENT-APPELLANT.



Appeal from an order of the Family Court, Herkimer County (Henry A. LaRaia, J.), entered August 15, 2003 in a proceeding pursuant to Family Ct Act article 6. The order continued primary physical custody of the parties' children with petitioner, granted petitioner permission to relocate with the children to the State of Oklahoma and to other locations within the continental United States as her employment may require, and awarded visitation to respondent.


EDWARD G. KAMINSKI, UTICA, FOR RESPONDENT-APPELLANT.
KARL E. MANNE, HERKIMER, FOR PETITIONER-RESPONDENT.
ANNE M. GETMAN, LAW GUARDIAN, UTICA, FOR SAMANTHA L.
JOHN S. WILK, LAW GUARDIAN, UTICA, FOR JONATHAN L.



It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: July 9, 2004
JoAnn M. Wahl
Clerk of the Court