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MILLER v. MILLER

183 A.D.2d 395 (1992)

Louis A. Miller, Respondent, v. Dale J. Miller, Appellant

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

December 3, 1992

Attorney(s) appearing for the Case

Rodney A. Richards, Binghamton, for appellant.

Petrick & Kapur, P. C., Endicott (David E. Kapur of counsel), for respondent.

CASEY and HARVEY, JJ., concur with MAHONEY, J.; LEVINE, J. P., and MERCURE, J., dissent in a separate opinion by LEVINE, J. P.

MAHONEY, J.

In 1985, plaintiff commenced what ultimately turned out to be an unsuccessful action for divorce against defendant, his wife of 25 years, in Supreme Court, Broome County. A temporary order of support for defendant was issued, however, as the parties were living separate and apart. Four years later plaintiff relocated to Pennsylvania and brought another action for divorce, this time in the Pennsylvania...

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