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TOLSON v. TOLSON

138 Misc.2d 1032 (1988)

Mary Tolson, Plaintiff, v. Mark Tolson, Defendant.

Supreme Court, Nassau County.

March 9, 1988

Attorney(s) appearing for the Case

Ben Kinzler for plaintiff. Jeffrey S. Burns for defendant.

RALPH DIAMOND, J.

This is a case of first impression as to whether the failure of a debtor to file a timely "mistake of fact" application addressed to an income execution (CPLR 5241) based upon a temporary order of support is a bar to having the application heard.

UNCONTESTED FACTS

The parties are not in dispute as to the following:

(a) this court, in a temporary order dated July...

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