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MATTER OF SMITH v. KALMAN

235 A.D.2d 848 (1997)

652 N.Y.S.2d 421

In the Matter of Donald E. Smith, Appellant, v. Christine Kalman, Respondent

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

January 23, 1997

Mikoll, J.

In February 1995 petitioner sought a modification of custody of the child born out of wedlock to respondent and petitioner. Custody had been awarded to respondent on January 9, 1994. The child has lived with respondent since its birth in 1991. The parents have never resided together. In the instant petition, petitioner contends that a change in circumstances requires a change of custody. His petition...

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