Johna Ms v. Russell Es

10 N.Y.3d 364 (2008)

889 N.E.2d 471

859 N.Y.S.2d 594

In the Matter of JOHNA M.S., Appellant,

v.

RUSSELL E.S., Respondent.

Court of Appeals of the State of New York.

Argued March 18, 2008.

Decided April 29, 2008.

Harlem & Harlem, Oneonta (Richard A. Harlem of counsel), for appellant.

Arroyo Copland & Associates PLLC, Albany (Cynthia Feathers of counsel), and Lester A. Sittler, Fly Creek, for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and JONES concur with Judge PIGOTT; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

PIGOTT, J.

Petitioner wife and respondent husband,…