MATTER OF DUPREE v. DUPREE


62 N.Y.2d 1009 (1984)

In the Matter of Timothy Dupree, Appellant, v. Lynn Dupree, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1984.


Attorney(s) appearing for the Case

David R. Garner and Nathan R. Fenno for appellant.

Katherine Hannan Wears for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for the exercise of its discretion.

The parties were divorced on July 28, 1981, and the husband was required to pay $100 per week in child support pursuant to the terms of a stipulation which was incorporated and merged into the divorce judgment. At the time of the parties' divorce, the husband was...

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