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MATTER OF SCHWARTZ v. SCHWARTZ

23 A.D.2d 204 (1965)

In the Matter of Betty Schwartz, as Mother of Paula Schwartz and Another, Infants, Respondent, v. Marvin Schwartz, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 20, 1965.

Attorney(s) appearing for the Case

Marvin Schwartz of counsel (Carol H. Katz with him on the brief), for appellant.

Maxwell A. Rubin for respondent.

BREITEL, J. P., EAGER and STEUER, JJ., concur with VALENTE, J.; RABIN, J., dissents in opinion.

VALENTE, J.

Pursuant to section 461 of the Family Court Act, petitioner brought a proceeding to modify the provisions of a decree of divorce obtained by her former husband in Mexico in December, 1962, insofar as it directed the payment of $122.50 per week for two children in petitioner's custody. The Mexican decree confirmed a separation agreement entered into by the husband and wife providing for the support...

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