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DONNA GALLAGHER, Respondent, v. WILLIAM DALTON, Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to demonstrate that, since the parties entered into the separation agreement, there was a change of circumstances warranting a modification of that agreement's visitation provisions ( see Messinger v Messinger, 16 AD3d 562, 563; Giurco v Giurco, 281 AD2d 458, 459). Accordingly, the court correctly denied that branch of the defendant's motion which was to modify those provisions.

The defendant's remaining contentions are without merit.

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GALLAGHER v. DALTON
(Dec 18, 2007)