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BROADHURST v. BROADHURST

53 A.D.2d 599 (1976)

Carol D. Broadhurst, Respondent, v. Dennis Broadhurst, Appellant. (Action No. 1.) Dennis Broadhurst, Appellant, v. Carol Broadhurst, Respondent. (Action No. 2.) (And a Third Title.)

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

June 1, 1976

Order affirmed, with costs.

In our opinion the Family Court considered the "circumstances of the case and of the respective parties" and "the best interests" of the children in retaining custody of the children with their mother (see Domestic Relations Law, § 240). Also, we agree that there was a failure of proof with respect to the neglect petition. Considering the evidence with respect to the wife's needs and to the...

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