Appellate Division of the Supreme Court of the State of New York July 14, 2011 (Anthony v. Jones)

Kavanagh, J.

In June 2009, respondent (hereinafter the mother) filed a petition seeking sole legal and physical custody of the parties’ child (born in 2008). At the time, and at all times relevant to this appeal, petitioner (hereinafter the father) was incarcerated and the child was living with the mother.