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McDONALD v. McDONALD

196 A.D.2d 7 (1994)

Robert J. McDonald, Appellant, v. Olga B. McDonald, Also Known as Olga Benitez, Respondent

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

February 22, 1994

Attorney(s) appearing for the Case

Donna Harrison, New York City, and Cohen & Adolph, New York City, for appellant. (One brief filed.)

Mitchell N. Kay, Garden City, and Gassman & Fisher, Garden City (Stephen Gassman and Lois Jean Liberman of counsel), for respondent.

O'BRIEN, PIZZUTO and SANTUCCI, JJ., concur.

MANGANO, P. J.

The defendant wife in the instant action for a divorce and ancillary relief is the gestational, but not the genetic, mother of two children born during the marriage.1 The primary question to be resolved on the instant appeal is whether the defendant wife is the parent, i.e., the natural mother, of the children, for the purposes...

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