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MTR. OF CARTER v. CARTER

58 A.D.2d 438 (1977)

In the Matter of Allan S. Carter, Appellant, v. Carolyn R. Carter, Respondent

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

July 25, 1977

Attorney(s) appearing for the Case

Reeder & Abel (Steven L. Abel of counsel), for appellant.

Brent, Phillips, Dranoff & Davis, P.-C. (Sanford S. Dranoff of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Samuel A. Hirshowitz of counsel), appearing pursuant to section 71 of the Executive Law and CPLR 1012 (subd [b]).

HAWKINS and SUOZZI, JJ., concur with SHAPIRO, J.; LATHAM, J. P., concurs under the constraint of the holding in Bauer v Bauer ().

SHAPIRO, J.

Petitioner Allan Carter, the divorced husband of respondent Carolyn Carter, has custody of their infant son, Kenneth Carter. He applied to the Family Court of Rockland County for an order directing his former wife to contribute to the child's support. His petition was dismissed. We reverse and remand for further proceedings consistent with this opinion.

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