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MTR OF STUDENROTH v. PHILLIPS

230 A.D.2d 247 (1997)

657 N.Y.S.2d 257

In the Matter of Frank Studenroth, Respondent, v. Melody E. Phillips, Appellant. (And Another Related Proceeding.)

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

May 15, 1997

Attorney(s) appearing for the Case

Louise M. Harding, Clifton Park, for appellant.

King Adang & Arpey, Saratoga Springs (John W. Arpey of counsel), for respondent.

Robert D. Wilcox, Law Guardian, Troy, for Colin F. Phillips Studenroth and another, infants.

CARDONA, P. J., CASEY, PETERS and CARPINELLO, JJ., concur.

SPAIN, J.

The parties were married in September 1985 and have two children: Colin, born in 1986, and Portia, born in 1988. The parties physically separated when petitioner left the marital residence in July 1993. In January 1994 the parties filed separate petitions pursuant to Family Court Act article 6, each seeking custody of the children. On July 29, 1994 the parties eventually agreed to enter a stipulation...

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