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MALAMUT v. MALAMUT

210 A.D.2d 382 (1994)

621 N.Y.S.2d 86

Barbara C. Malamut, Respondent, v. Richard M. Malamut, Appellant

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

December 19, 1994

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and new determination.

It is well settled that a hearing is warranted on the issue of whether there has been a "substantial change in circumstances" (Domestic Relations Law § 236 [B] [9] [b]), where the parties' affidavits disclose the existence of genuine questions...

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