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PEPPIN v. LEWIS

194 Misc.2d 151 (2002)

752 N.Y.S.2d 807

JOSHUA D. PEPPIN, Petitioner, v. DIMARI LEWIS, Respondent.

Family Court, Albany County.

December 2, 2002.

Attorney(s) appearing for the Case

Charles J. Keegan for petitioner.

Ellen C. Schell for respondent.

Ruth Tompkins Bridgham, Law Guardian.

OPINION OF THE COURT

W. DENNIS DUGGAN, J.

In this case, the court holds that the "fugitive disentitlement doctrine" prohibits the respondent (mother) from filing a petition by order to show cause seeking affirmative relief in the pending action.1 This appears to be a case of first impression in New York in a civil case and the first case of any type in New York in which this doctrine...

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