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MATTER OF HOLMES v. HOLMES

184 A.D.2d 185 (1992)

In the Matter of Diane M. Holmes, Respondent, v. Gregory M. Holmes, Appellant

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

December 31, 1992

Attorney(s) appearing for the Case

Wein, Young, Fenton & Soronen, P. C., Guilderland (Paul H. Wein of counsel), for appellant.

Friedman & Manning, P. C., Delmar (Michael P. Friedman of counsel), for respondent.

MIKOLL, J. P., and HARVEY, J., concur with CREW III, J.; CASEY and MAHONEY, JJ., concur in part and dissent in part in a separate opinion by CASEY, J.

CREW III, J.

The parties were married in July 1985 and have two children. Following their separation in September 1990, the parties established a schedule whereby each party had physical custody of the children on alternate weekends, petitioner had overnight physical custody three out of five weeknights and respondent had overnight physical custody two out of five weeknights. Respondent was responsible for transporting...

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