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  5. 196 A.D.2d 128 (1994)
 

MATTER OF GRABY v. GRABY

196 A.D.2d 128 (1994)

In the Matter of Kenneth N. Graby, Appellant, v. Janet Graby, Respondent

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

February 4, 1994

Attorney(s) appearing for the Case

Buck, Danaher, Ryan & McGlenn, Elmira (John McGlenn of counsel), for appellant.

Elizabeth A. Hendy for respondent.

DENMAN, P. J., BALIO and BOEHM, JJ., concur with LAWTON, J.; GREEN, J., dissents in part and votes to affirm in a separate opinion.

LAWTON, J.

This appeal considers for the first time since the enactment of the Child Support Standards Act (Family Ct Act § 413) the question whether Social Security disability benefits paid to a disabled parent's children are a credit against the disabled parent's child support obligation. Although the order is not appealable as of right (see, Family Ct Act § 439 [e]), because a question of...

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