MATTER OF BURKART v. MONTEMARANO


72 A.D.2d 561 (1979)

In the Matter of Evelyn Burkart, Respondent, v. Ronald Montemarano, Appellant

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

October 15, 1979


Order reversed, on the law and the facts, with costs, and proceeding dismissed.

The parties were married in 1966, entered into a separation agreement in 1971, and were divorced in 1972. The separation agreement, which was amended in 1972 before the divorce, provided for the appellant father to pay child support in the amount of $35 per week and for him to have regular visitation rights with his daughter. The agreement also contained provisions giving the petitioner...

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