Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, and matter remitted to Cattaraugus County Family Court for further proceedings in accordance with the following memorandum: On July 19, 1977 appellant who had for some time been living apart from his wife and children was granted an uncontested divorce based on his wife's cruel and inhuman treatment. The judgment of divorce granted temporary custody of the three minor children...
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