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IN MATTER OF SMITH v. SMITH

24 A.D.3d 822 (2005)

804 N.Y.S.2d 854

In the Matter of KATHLEEN M.L. SMITH, Respondent, v. ALAN B. SMITH, Appellant.

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

December 1, 2005.

MUGGLIN, J.

While living together, petitioner and respondent maintained three e-mail accounts, one jointly and two additional Web-based accounts in petitioner's name, one at Yahoo and one at Hotmail. The password for each account was "pumpkin" and petitioner testified that only she and respondent knew the password. The parties separated June 26, 2002. In early December 2003, she discovered that she could no longer access...

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