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WODKA v. WODKA

168 A.D.2d 1001 (1990)

James P. Wodka, Respondent, v. Helen Wodka, Appellant James P. Wodka, Respondent, v. Helen Wodka, Appellant Helen Wodka, Appellant, v. James P. Wodka, Respondent. (Appeal No. 2.)

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

December 21, 1990

Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum:

It was an abuse of discretion for the court to direct the parties' child to return to New York State without first considering whether it was in the child's best interests to do so (see, Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 95; Matter of...

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