MATTER OF SCHMELING v. SCHMELING


178 A.D.2d 999 (1991)

In the Matter of Betty Schmeling, Respondent, v. Donald Schmeling, Appellant

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

December 26, 1991


Order unanimously reversed on the law without costs and matter remitted to Onondaga County Family Court for further proceedings, and stay continued, in accordance with the following Memorandum: The Family Court and the Hearing Examiner erred in admitting two unsworn letters into evidence in support of petitioner's request for an upward modification of support. A hearing to determine a request for modification of a support order is governed by the rules of evidence (Family...

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