It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, plaintiff's motion is granted in its entirety and the matter is remitted to Supreme Court, Herkimer County, for further proceedings in accordance with the following memorandum: Plaintiff commenced this action seeking, inter alia, a divorce and custody of the parties' children, and defendant counterclaimed for that same relief. In appeal No. 1, plaintiff appeals from...
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