MTR. OF FELDMAN v. FELDMAN


45 A.D.2d 320 (1974)

In the Matter of Philip Feldman, Respondent, v. Mady Feldman, Appellant

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

July 15, 1974.


Attorney(s) appearing for the Case

Brecher & Yodowitz (David Brecher of counsel), for appellant.

Irving Mandell for respondent.

SHAPIRO and CHRIST, JJ. concur in separate opinions with BENJAMIN, J.; HOPKINS, Acting P. J., and MARTUSCELLO, J., dissent and vote to affirm.


BENJAMIN, J.

In this habeas corpus proceeding, treated by the Special Term, upon consent, as an application to modify the custodial provisions contained in the parties' judgment of divorce, the court transferred from the mother to the unmarried father the custody of their two infant children (ages six and nine) who previously thereto had continuously resided with their mother since birth.

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