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MATTER OF SMITH v. SMITH

191 A.D.2d 1010 (1993)

595 N.Y.S.2d 278

In the Matter of Elsie J. Smith, Appellant, v. Lum Smith, Respondent. (Appeal No. 3.)

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

March 12, 1993

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 to enforce the order of Supreme Court in a divorce action that granted child support and maintenance pendente lite, Family Court cited Weaver v Weaver (72 A.D.2d 221). Weaver was a proceeding brought after the granting of the judgment...

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