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MATTER OF ROSS v. ROSS

77 A.D.2d 716 (1980)

In the Matter of Stephen W. Ross, Appellant, v. Karen S. Ross, Respondent. (Proceeding No. 1.) Stephen W. Ross, Appellant, v. Karen S. Ross, Respondent. (Proceeding No. 2.)

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

July 17, 1980

In Proceeding No. 1, the order should be affirmed. Generally, the party to whom custody was initially awarded, either by litigation or by voluntary agreement, should have priority in subsequent custody disputes in the absence of extraordinary circumstances (Matter of Nehra v Uhlar, 43 N.Y.2d 242, 251; Matter of Austin v Austin, 65 A.D.2d 903); but where, as here, a party obtains custody...

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