MATTER OF BEEKMAN-ELLNER v. ELLNER


296 A.D.2d 404 (2002)

745 N.Y.S.2d 442

In the Matter of HILDUR J. BEEKMAN-ELLNER, Appellant, v. FORREST ELLNER, Respondent.

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

Decided July 1, 2002.


Ordered that the amended order is affirmed, with costs.

Since the parties' child enrolled in full-time training duty at the U.S. Naval Academy at Annapolis and his life at Annapolis was largely controlled by the government, which also provided for the bulk of his material needs, he was clearly engaged in "active military service" to render him emancipated (see 10 USC § 101 [d] [1]; Zuckerman v Zuckerman, 154 A.D.2d 666

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