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MATTER OF DORN v. DORN

135 Misc.2d 837 (1987)

In the Matter of Kathryn M. Dorn, Petitioner, v. Eric W. Dorn, Respondent.

Family Court, Onondaga County.

May 29, 1987

Attorney(s) appearing for the Case

Finocchio & Edwards (Vincent Finocchio, Jr., of counsel), for petitioner. Myers, Sadowski & Flynn (Gregory Flynn of counsel), for respondent.

EDWARD J. McLAUGHLIN, J.

By attorney's affidavit filed with the court on May 5, 1987, petitioner objects, pursuant to section 439 of the Family Court Act, to an order dismissing a petition to modify an order of another court for failure to state a cause of action. Respondent sought dismissal of the petition "in that no allegation of an increased ability to pay or an ability to pay beyond the needs of the children...

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