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WEISBERGER v. WEISBERGER

2015-09236. Index No. 57063/08.

154 A.D.3d 41 (2017)

60 N.Y.S.3d 265

2017 NY Slip Op 06212

NAFTALI H. WEISBERGER, Respondent, v. CHAVA WEISBERGER, Appellant.

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

Decided August 16, 2017.

Attorney(s) appearing for the Case

Seward & Kissel LLP, New York City ( Mark D. Kotwick , Benay L. Josselson , Julia K. Tebor and Tamara Rozina of counsel), and New York Legal Assistance Group, New York City ( Kim Susser and Amanda Beltz of counsel), for appellant (one brief filed).

Snitow Kanfer & Holtzer, LLP, New York City ( Franklyn H. Snitow and Alan V. Klein of counsel), for respondent.

Cheryl S. Solomon , Brooklyn, Attorney for the Children.

Lambda Legal Defense and Education Fund, Inc., New York City ( Karen L. Loewy of counsel), for Lambda Legal Defense and Education Fund, Inc., amicus curiae.

New York Civil Liberties Union Foundation, New York City ( Erin Beth Harrist and Arthur Eisenberg of counsel), for New York Civil Liberties Union Foundation, amicus curiae.

Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Jennifer L. Colyer and Jesse R. Loffler of counsel), for Footsteps, Inc. and another, amici curiae.

LEVENTHAL, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.

OPINION OF THE COURT

The parties were married on March 5, 2002. In 2005, the mother told the father that she could not tolerate having sexual relations with men, and that she was sexually attracted to women. The parties were divorced by a judgment of divorce dated March 6, 2009. They have three children together, a son and two daughters...

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