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MATTER OF BURKE v. PALERMO

190 A.D.2d 1075 (1993)

In the Matter of Eileen Burke, Appellant, v. John J. Palermo, Respondent

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

February 5, 1993

Order unanimously reversed on the law without costs and petition reinstated.

Memorandum:

Family Court erred by affirming the order of a Hearing Examiner that dismissed petitioner's support petition with prejudice. Once petitioner stopped receiving public assistance, she was entitled to institute a support proceeding and to receive a de novo hearing on the amount of support to which she was entitled at that time...

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