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MATTER OF PARRY v. RAFFERTY

63 A.D.2d 1020 (1978)

In the Matter of Henry G. Parry, Jr., as Commissioner of Social Services, Respondent, v. Francis Rafferty, Appellant

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

June 26, 1978

Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for a hearing in accordance herewith.

In our opinion, the Family Court Judge erred in ordering the appellant to pay to his wife the sum of $75 per week in support for his two stepdaughters, who reside in his household. There was no evidence in the record that appellant had failed to provide them with food, clothing, shelter, etc....

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