IN RE: MARCIA SCHAEFER AND GEORGE SCHAEFER (2013)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: MARCIA SCHAEFER AND GEORGE SCHAEFER, PETITIONERS–RESPONDENTS, v. STACY L. SCHAEFER, RESPONDENT–APPELLANT, AND TIMOTHY JOHN DUBIEL, RESPONDENT. (APPEAL NO. 2.)

CAF 12–00788

Decided: July 05, 2013

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, AND VALENTINO, JJ.

MICHAEL J. PULVER, NORTH SYRACUSE, FOR RESPONDENT–APPELLANT. LISA M. FAHEY, EAST SYRACUSE, FOR PETITIONERS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating that part of the first ordering paragraph directing that petitioners' monthly Sunday visitation take place during the parenting time of respondent Stacy L. Schaefer and inserting in place thereof a direction that petitioners' monthly visitation take place during the parenting time of respondent Timothy John Dubiel in odd-numbered months and during the parenting time of respondent Stacy L. Schaefer in even-numbered months, and by vacating that part of the first ordering paragraph directing that petitioners have one summer weekend of visitation during the parenting time of respondent Stacy L. Schaefer, and as modified the order is affirmed without costs.

Same Memorandum as in Matter of Dubiel v. Schaefer (_ AD3d _ [July 5, 2013] ).

Frances E. Cafarell

Clerk of the Court

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