SULLIVAN v. SULLIVAN


68 A.D.2d 884 (1979)

Charlotte Sullivan, Respondent, v. William Sullivan, Appellant

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

March 5, 1979


Order reversed, on the law and the facts, without costs or disbursements, and application denied, without prejudice to the institution of a new proceeding pursuant to section 49-b of the Personal Property Law, should petitioner be so advised.

On the record before us, it appears that the hearing court incorrectly assumed that the only issue before it was whether appellant had been delinquent in at least three payments of alimony and child support and, therefore, it...

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