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MATTER OF WILNER v. PROWDA

158 Misc.2d 579 (1993)

601 N.Y.S.2d 518

In the Matter of Martin T. Wilner, Petitioner, v. Karen Prowda, Defendant.

Supreme Court, New York County.

July 2, 1993

Attorney(s) appearing for the Case

Lunney & Crocco, New York City (Andrew P. Saulitis of counsel), for petitioner. Beigel & Sandler, New York City (Patricia Hennessey of counsel), for respondent.

LEWIS R. FRIEDMAN, J.

This habeas corpus proceeding attempts an unprecedented and paradoxical use of the "Great Writ" — to restrain travel.

Petitioner (Husband) asks the court to determine the custody of an unborn child. The facts as alleged are simple. The parties are married, but have marital difficulties. Respondent (Wife) is pregnant and expecting a child in September 1993. Wife may be planning...

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