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MATTER OF HOLMES v. HOLMES

237 A.D.2d 699 (1997)

655 N.Y.S.2d 454

In the Matter of Diane M. Holmes, Appellant, v. Gregory M. Holmes, Respondent

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

March 6, 1997

Crew III, J.

When this matter was first before us, a majority of this Court found that the parties had implicitly created a joint custody situation, wherein petitioner had physical custody of the parties' two children approximately 60% of the time and respondent had physical custody of the children approximately 40% of the time (184 A.D.2d 185). In light of that finding, the majority classified the parties as "`simultaneously...

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