Appellate Division of the Supreme Court of the State of New York May 12, 1983 (McDonald v. McDonald)

— Appeal from orders of the Family Court of Schenectady County (Griset, J.), entered January 19, 1982 and March 3, 1982, which dismissed a petition for modification of custody and awarded attorney’s fees to respondent. The parties to this proceeding separated in April, 1980. By then, they had been married for approximately 10 years and had two children, ages 9 and 12.