MATTER OF MOSCATO v. MOSCATO


50 A.D.2d 894 (1975)

In the Matter of Irene Moscato, Respondent, v. Salvatore Moscato, Appellant

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

December 29, 1975


Order modified, on the law, by striking that portion thereof which refixed the arrears, and the proceeding is remanded to the Family Court for a further hearing and a new determination on the question of the amount of arrears. As so modified, order affirmed, without costs.

In light of the existence of strongly disputed issues of fact as to the amount of the arrears and appellant's payments, it was error for the Family Court to decide those issues without a hearing...

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