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MATTER OF DUKE v. DUKE

37 A.D.2d 83 (1971)

In the Matter of Doris B. Duke, Appellant, v. William H. Duke, Respondent

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

June 24, 1971.

Attorney(s) appearing for the Case

William G. Mulligan of counsel (Sandra W. Jacobson and Hadassah R. Shapiro with him on the brief; Mulligan & Jacobson, attorneys), for appellant.

James P. Durante of counsel (Lawrence W. Boes with him on the brief; Reavis & McGrath, attorneys), for respondent.

McGIVERN, J. P., MARKEWICH, KUPFERMAN, MURPHY and TILZER, JJ., concur.

Per Curiam.

This is the second time that a proceeding concerning the visitation rights of the infant's father has been before this court. In the first proceeding, BACKER, J., dismissed the petition, and this court affirmed (Matter of Duke v. Duke, 35 A.D.2d 910). The petition herein was also dismissed by Special Term, the court considering that the application was almost identical with the prior proceeding. Special Term stated that it could not "overrule...

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