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MATTER OF SCHWARTZ v. SCHWARTZ

144 A.D.2d 857 (1988)

In the Matter of Daryl L. Schwartz, Appellant-Respondent, v. Donald J. Schwartz, Respondent-Appellant. (And Another Related Proceeding.)

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

November 23, 1988

Kane, J. P.

In April 1986, the parties were divorced and a previously executed separation agreement was incorporated but not merged in the divorce judgment. Among other things, the agreement provided that legal custody of the parties' two minor children would be joint. It was also agreed that, because the parties resided in the same general vicinity in Otsego County, neither parent would be regarded as having...

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