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MATTER OF COLLER v. ROSE

213 A.D.2d 1040 (1995)

624 N.Y.S.2d 326

In the Matter of Christine Coller, Petitioner, v. Steven D. Rose, as Commissioner of The Oswego County Department of Social Services, et al., Respondents

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

March 17, 1995

Determination unanimously annulled on the law with costs, petition granted and matter remitted to respondents for further proceedings in accordance with the following Memorandum:

The determination of respondents that voluntary payments made to petitioner by the father of her children were not child support subject to a $50 per month "disregard" (18 NYCRR 352.22 [t]) is not supported by substantial evidence. The $50 disregard...

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