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DEMATTEO v. DEMATTEO

194 Misc.2d 640 (2002)

749 N.Y.S.2d 671

JOHNITA M. DeMATTEO, Plaintiff, v. DAVID D. DeMATTEO, Defendant.

Supreme Court, Oneida County.

October 9, 2002.

Attorney(s) appearing for the Case

Kurt D. Parry for defendant.

Shkane & Shaheen (Joan T. Shkane of counsel), for plaintiff.

Koslosky & Koslosky (William Koslosky of counsel), Law Guardian.

OPINION OF THE COURT

ROBERT F. JULIAN, J.

Relief Requested:

The 14-year-old child (date of birth: June 28, 1988) of this marriage, Nicholas, requests that he not be exposed to environmental tobacco smoke during court-ordered visitations with his mother.

Question Presented:

Should the court take judicial notice: (1) that environmental tobacco smoke is a carcinogen...

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