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KESSELER v. KESSELER

10 N.Y.2d 445 (1962)

Joan E. Kesseler, Appellant, v. Howard J. Kesseler, Respondent.

Court of Appeals of the State of New York.

Decided January 11, 1962.

Attorney(s) appearing for the Case

Porter R. Chandler and David L. Farley, Jr., for appellant.

Arthur B. Kramer and Maurice N. Nessen for respondent.

Judges FROESSEL, BURKE and FOSTER concur with Judge VAN VOORHIS; Chief Judge DESMOND dissents in an opinion in which Judge DYE concurs; Judge FULD taking no part.

VAN VOORHIS, J.

The decision involves the modification of a separation decree by granting custody to the father of a girl who was six years old at the time of the trial at Special Term and is ten years old today. During four years prior to this decision at Special Term rendered May 26, 1958 (11 Misc.2d 607, the order entered on which was affirmed by the Appellate Division...

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