MATTER OF BENDER v. BENDER


72 A.D.2d 745 (1979)

In the Matter of James G. Bender, Respondent, v. Loretta A. Bender, Appellant

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

November 5, 1979


Order reversed, on the law, with $50 costs and disbursements and petition dismissed.

The petitioner made an application in December, 1977 for an order directing appellant to contribute to the support of the parties' two minor children who resided with the petitioner. Under the provisions of a separation agreement, incorporated but not merged into the judgment of divorce of June, 1977, the appellant was not required to contribute to the support of her children. Since...

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