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MATTER OF SMITH v. SMITH

61 A.D.3d 1275 (2009)

878 N.Y.S.2d 814

In the Matter of KATHARINE J. SMITH, Respondent, v. MICHAEL S. SMITH, Appellant. CHRISTOPHER A. POGSON, as Law Guardian, Appellant.

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

Decided April 30, 2009.

Stein, J.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) were married in 1989 and are the parents of a daughter and a son (born in 1992 and 1996, respectively). In July 2004, the mother left the marital residence and moved in with her paramour. The parties created an informal custody arrangement, whereby the children remained in the former marital residence with the father and the mother enjoyed...

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