MATTER OF SCHENA v. SCHENA


151 A.D.2d 1023 (1989)

In the Matter of Frances P. Schena, Appellant, v. George Schena, Respondent

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

June 2, 1989


Order unanimously reversed on the law with costs and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum:

In dismissing the petition seeking an upward modification and arrearages in child support, Family Court erred in adopting the Hearing Examiner's findings of fact. The evidence was insufficient to justify the Hearing Examiner's conclusion that petitioner's conduct denied respondent visitation with his...

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