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DE PASSE v. DE PASSE

70 A.D.2d 473 (1979)

Ann M. H. De Passe, Respondent, v. John F. De Passe, III, Appellant

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

November 16, 1979

Attorney(s) appearing for the Case

Siegel, McGee, Kelleher, Hirschorn & Munley (Mark Hirschorn of counsel), for appellant.

Charles J. Scibetta for respondent.

CARDAMONE, J. P., SIMONS, HANCOCK, JR., and CALLAHAN, JJ., concur.

MOULE, J.

The parties were married in Maryland in 1974 and have two children. The family lived in Maryland until August 22, 1978 when, amid marital difficulties, plaintiff, the children's mother, brought them to New York State. On August 24, 1978 defendant, the father, commenced an action for divorce and child custody in Maryland. Plaintiff was served in the Maryland action on September 2, 1978. On September...

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