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LYNCH v. AUSTIN

96 A.D.2d 196 (1983)

Barbara S. Lynch, Respondent, v. Thomas E. Austin, Appellant

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

November 3, 1983

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (Margaret M. Comard of counsel), for appellant.

Hinman, Straub, Pigors & Manning (Peter L. Rupert of counsel), for respondent.

KANE, J. P., MAIN, CASEY and WEISS, JJ., concur.

LEVINE, J.

The parties to this action were married in 1961 in Pennsylvania and immediately established their marital residence in New York. Plaintiff and the two children of the marriage have continuously remained residents of this State. In 1966, defendant left their jointly owned marital residence and moved to California. Plaintiff then commenced a divorce action in this State and defendant appeared by a New York attorney. Plaintiff obtained an order...

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