MATTER OF MESSINEO v. MESSINEO


196 A.D.2d 826 (1993)

602 N.Y.S.2d 25

In the Matter of Carmela Messineo, Respondent, v. Frank Messineo, Appellant

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

September 13, 1993


Ordered that the order is affirmed, with costs.

The former husband failed to present sufficient evidence that the former wife was holding herself out as another man's wife (see, Matter of Bliss v Bliss, 66 N.Y.2d 382). Absent such a showing, courts have no power under Domestic Relations Law § 248 to modify or annul a support obligation.

Because there is no indication...

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