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PEOPLE v. GLUCH

82 A.D.2d 55 (1981)

The People of the State of New York ex rel. Julius E. Gluch, Respondent, v. Deborah Gluch, Appellant

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

July 16, 1981

Attorney(s) appearing for the Case

Lewis, Bell & Niles (John F. Niles of counsel), for appellant.

O'Connell & Wolfe (Lois McS. Webb of counsel), for respondent.

MAIN and MIKOLL, JJ., concur with HERLIHY, J.; SWEENEY, J. P. and KANE, J., dissent and vote to affirm in an opinion by SWEENEY, J. P.

HERLIHY, J.

Petitioner and respondent are both enlisted personnel in the United States Air Force.

In November of 1977 an English court awarded respondent custody of her children. The present record indicates that at about the same time petitioner instituted child abuse proceedings with the military establishment and that after investigation the allegations were dismissed. Respondent and her children moved to Pease Air Force Base in New Hampshire...

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