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MATTER OF EBERT v. EBERT

38 N.Y.2d 700 (1976)

In the Matter of Robert J. Ebert, Respondent-Appellant, v. Renee A. Ebert, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided February 26, 1976.

Attorney(s) appearing for the Case

Joseph A. D'Addario for appellant-respondent.

Richard C. Mitchell, Jr., for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

This proceeding was brought in the Family Court by a father to obtain custody of the three children of his marriage to the respondent. After a full trial, the petition was dismissed on the merits and custody continued in the mother. The Appellate Division reversed to the extent of granting custody of the two older children to the father, continuing custody of the youngest in the mother. Both parties...

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