In the instant action, plaintiff seeks upward modification of child support provided in a separation agreement that was incorporated into a Mexican divorce decree. Plaintiff had made a prior application for similar relief. That application (erroneously designated a special proceeding) was dismissed by Special Term (Pennock, J.) in January, 1981, when plaintiff failed to timely oppose defendant's CPLR 3211 motion. Thereafter, plaintiff commenced the present action and defendant...
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