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OATES v. OATES

33 A.D.2d 133 (1969)

Marla Oates, Also Known as Marla Lyday, Appellant, v. George H. Oates, Defendant. Betty R. Bowdoin, Respondent

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

December 16, 1969.

Attorney(s) appearing for the Case

Joel S. Stern for appellant.

Martin J. Hertz of counsel (Olshan, Grundman, Frome & Kretchmer, attorneys), for respondent.

MARKEWICH and BASTOW, JJ., concur with STEUER, J.; CAPOZZOLI, J. P., concurs in opinion in which MARKEWICH, J., concurs; McGIVERN, J., dissents in opinion.

STEUER, J.

This is a motion to vacate a subpoena in supplementary proceedings. The witness is the mother of the judgment debtor. The judgment was obtained for unpaid alimony and support of the debtor's children. When the debtor was found in contempt he fled the jurisdiction and his whereabouts are unknown to the judgment creditor and all efforts to locate him or to enforce the judgment or obtain support have...

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