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MTR. OF CAPLAN v. CAPLAN

39 A.D.2d 108 (1972)

In the Matter of Margot Caplan, Respondent, v. Malcolm Caplan, Appellant

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

May 16, 1972.

Attorney(s) appearing for the Case

Joel T. Camche for appellant.

Joseph Calderon of counsel (Linden & Deutsch, attorneys), for respondent.

NUNEZ, J. P., McNALLY and STEUER, JJ., concur in Per Curiam opinion; KUPFERMAN, J., dissents in an opinion in which CAPOZZOLI, J., concurs.

Per Curiam.

The parties had lived in Venezuela where all four of their children were born and where the defendant was the partner in charge of the Caracas office of a New York law firm. They separated in 1970, the plaintiff wife coming to New York with the children. Three of the children are presently with the father. The wife started an action in the Supreme Court to determine the custody of the children and for her own and their support. Service was made...

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