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TYRRELL v. TYRRELL

67 A.D.2d 247 (1979)

In the Matter of Patricia Tyrrell, Appellant, v. Lillian Tyrrell, Respondent

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

April 13, 1979

Attorney(s) appearing for the Case

Davidson, Fink, Cook & Gates (S. Gerald Davidson of counsel), for appellant.

Julius Michaels for respondent.

SCHNEPP and DOERR, JJ., concur with HANCOCK, JR., J.; CARDAMONE, J. P., and MOULE, J., dissent and vote to affirm the judgment in an opinion by MOULE, J.

HANCOCK, JR., J.

Petitioner-appellant, Patricia Tyrrell, in this habeas corpus proceeding seeks to regain custody of her child, Dana, from respondent, Lillian Tyrrell, the child's stepmother. Dana's father, Donald Tyrrell, Patricia's former husband, is now deceased. Respondent, Donald's widow, married him after Patricia and Donald were divorced. Special Term held that extraordinary circumstances existed which...

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