Petitioner father seeks permanent custody of two boys, now aged seven and eight, alleging that the mother, his second wife, who was awarded custody under the terms of a separation agreement incorporated into a Florida judgment of divorce, is an unfit parent (Domestic Relations Law, § 70). Special Term denied the father's application, declining to exercise jurisdiction. The Appellate Division [
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MARTIN v. MARTIN
45 N.Y.2d 739 (1978)
Norman Martin, Respondent, v. Deborah L. Martin, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 8, 1978.
Decided July 13, 1978.
Attorney(s) appearing for the Case
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in Per Curiam opinion; Judge FUCHSBERG dissents and votes to affirm in a separate opinion.
Court of Appeals of the State of New York.
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