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MATTER OF RUBINO v. MORGAN

224 A.D.2d 903 (1996)

638 N.Y.S.2d 524

In the Matter of Charle L. Rubino, Appellant, v. Roy S. Morgan, Respondent

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

February 29, 1996

Cardona, P. J.

When this case was initially before us, we found that the Hearing Examiner lacked subject matter jurisdiction to hear evidence based upon respondent's pleading alleging abandonment by his daughter as a defense to petitioner's petition seeking modification of a prior order of child support. Accordingly, we remitted the matter to Family Court for further proceedings (203 A.D.2d 698). On remittal, the parties...

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