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MATTER OF HILDENBRAND v. HILDENBRAND

37 A.D.3d 981 (2007)

833 N.Y.S.2d 251

In the Matter of TRAVER HILDENBRAND, Appellant, v. ALBERTA L. HILDENBRAND, Respondent. (And Another Related Proceeding.)

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

Decided February 22, 2007.

Peters, J.

The parties are the parents of one child, born one year prior to their marriage in 1999. They lived together, as a family, in North Carolina until respondent was deployed to Iraq in early 2003. While respondent was overseas, petitioner telephoned her and informed her that he no longer wanted to be married. Upon completion of her assignment, respondent returned to North Carolina and moved out of the marital residence. With her consent, conditioned upon an...

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