MATTER OF NEELEY v. CUCCIA


143 A.D.2d 671 (1988)

In the Matter of Maria I. Neeley, Respondent, v. Joseph Cuccia, Appellant

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

October 3, 1988


Ordered that the order is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

The appellant and the petitioner, who are former husband and wife, were married in New York in 1970. Later that year their only child was born. They separated in 1976 pursuant to an agreement that the appellant would pay child support in the sum of $400 per month. They divorced in 1978 pursuant to that agreement. The judgment of divorce provided that the...

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