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USHER v. USHER

41 A.D.2d 368 (1973)

Suzanne M. Usher, Respondent, v. David A. Usher, Appellant

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

May 3, 1973.

Attorney(s) appearing for the Case

David A. Usher, appellant in person.

Laura H. Holmberg (Walter J. Wiggins of counsel), for respondent.

STALEY, JR., J. P., SWEENEY and MAIN, JJ., concur with COOKE, J.; GREENBLOTT, J., concurs in the result in a separate opinion.

COOKE, J.

This is an appeal from an order of the Supreme Court, entered December 18, 1972 in Tompkins County, which denied a motion to dismiss the complaint.

The papers indicate: that plaintiff and defendant, both aliens, following their marriage in New Zealand on December 10, 1960 resided in England until 1963, when they came to the United States; that defendant first served as a postdoctoral student...

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