Matter of Martin v Tucker
2010 NY Slip Op 05906 [75 AD3d 1095]
July 2, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 1, 2010


In the Matter of Eric R. Martin, Sr., Respondent, v Robert A. Tucker, Appellant. (Appeal No. 2.)

—[*1] Linda M. Campbell, Syracuse, for respondent-appellant.

Paul Skavina, Attorney for the Child, Rome, for Samantha A.

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.

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

Same memorandum as in Matter of Tucker v Martin (75 AD3d 1087 [2010] [decided herewith]).

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 (75 AD3d 1087, 1091 [2010]). Present—Centra, J.P., Fahey, Peradotto, Lindley and Pine, JJ.