MATTER OF CLARKE v. WATERS


33 A.D.2d 759 (1969)

In the Matter of Richard V. Clarke, Respondent, v. Martin V. Waters, Appellant, and Gloria C. Waters, Respondent

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

December 11, 1969


Order appealed from entered September 25, 1969, unanimously reversed, on the law, and the petition dismissed, with $50 costs and disbursements to respondent-appellant.

The Special Term was without jurisdiction to direct the nondomiciliary respondent-appellant stepfather to make available for visitation the petitioner father's child. The child is not within this State. Personal jurisdiction was not obtained over the respondent mother, a foreign domiciliary and the...

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