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PEO. EX REL. WASSERBERGER v. WASSERBERGER

42 A.D.2d 93 (1973)

The People of the State of New York ex rel. Rhodia Wasserberger, on Behalf of Mark Wasserberger and Simon Wasserberger, Respondent, v. Edward Wasserberger, Appellant

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

June 28, 1973.

Attorney(s) appearing for the Case

Bernard S. Meyer of counsel (Samuel G. Fredman with him on the brief; Fink, Weinberger, Levin & Charney, attorneys), for appellant.

Leonard C. Shalleck of counsel (Irving I. Erdheim and Milton P. Falk with him on the brief; Erdheim, Shalleck & Falk, attorneys), for respondent.

MARKEWICH and LANE, JJ., concur with STEVENS, P. J.; NUNEZ and TILZER, JJ., dissent in an opinion by TILZER, J.

STEVENS, P. J.

In this habeas corpus proceeding petitioner sought custody of two infant children of the marriage between the parties. The writ was sustained, custody was awarded petitioner and respondent was directed to pay the sum of $300 each week as and for the support of the two boys, ages five and one-half and three years.

The parties were married April 24, 1966. They separated July 20, 1972, at which time a separation agreement giving custody...

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