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McCASLAND v. McCASLAND

110 A.D.2d 318 (1985)

Doris B. McCasland, Appellant, v. Merritt J. McCasland, Respondent

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

October 31, 1985

Attorney(s) appearing for the Case

Feit & Schlenker (Arthur J. Siegel of counsel), for appellant.

DeGraff, Foy, Conway, Holt-Harris & Mealey (John D. Rodgers of counsel), for respondent.

MAIN and HARVEY, JJ., concur with CASEY, J.; MAHONEY, P. J., and KANE, J., dissent and vote to reverse in an opinion by KANE, J.

CASEY, J.

The action underlying this appeal was commenced by plaintiff on June 14, 1984 by service of a summons and complaint upon defendant in Florida. The complaint alleges that both parties are residents of Florida; that plaintiff seeks an order providing for the equitable distribution of marital property, located here, and disposition of the separate property of the parties following the Florida judgment...

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