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CONNOLLY v. CONNOLLY

83 A.D.2d 136 (1981)

C. Stephen Connolly, Respondent, v. Janet A. Connolly, Appellant

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

November 10, 1981

Attorney(s) appearing for the Case

Franklin S. Bonem of counsel (Proskauer Rose Goetz & Mendelsohn, attorneys), for appellant.

Peter E. Bronstein of counsel (Richard L. Wallace with him on the brief; Bronstein, Van Veen & Bronstein, P. C., attorneys), for respondent.

CARRO and LUPIANO, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and KUPFERMAN, J., dissent in an opinion by KUPFERMAN, J.

SULLIVAN, J.

Janet A. Connolly appeals from a denial of her motion for an order pursuant to section 240 of the Domestic Relations Law amending a divorce decree to direct her former husband, C. Stephen Connolly, to pay the college expenses of two of their children, or, alternatively, for discovery of the husband's income and assets and an evidentiary hearing to determine his ability to pay.

The parties...

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