MATTER OF MILLER v. MILLER


74 A.D.2d 663 (1980)

In the Matter of Kathleen A. Miller, Appellant, v. Paul V. Miller, Respondent

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

February 7, 1980


The parties finally separated in October of 1977, at which time it appears the petitioner agreed that their infant son, born April 23, 1969, should remain with the respondent. However, petitioner testified that the agreement was only for temporary custody and that respondent had agreed to turn over custody to her when she had made suitable living arrangements. By January 1, 1978, petitioner had obtained what she deemed sufficient living arrangements and, upon the refusal...

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