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MARTUSEWICZ v. MARTUSEWICZ

217 A.D.2d 926 (1995)

630 N.Y.S.2d 156

Kim H. Martusewicz, Appellant, v. Tina Martusewicz, Respondent

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

July 14, 1995

Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court properly considered the best interests of the children in granting custody to defendant (see, Fox v Fox, 177 A.D.2d 209). Although the parties had not entered into a custody agreement prior to trial, they had agreed to a visitation...

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