ROSENTHAL v. VANERIA


255 A.D.2d 243 (1998)

680 N.Y.S.2d 502

Susanne Rosenthal (Norman), Respondent, v. John S. Vaneria, Appellant

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

November 24, 1998


The IAS Court correctly found that the child's residence at a facility for special needs children is not a permanent residence away from plaintiff's residence, and therefore not an emancipation event under the parties' separation agreement. Plaintiff showed that the facility endeavors to instill the skills needed to allow the children to return home, and that the child's eligibility is determined on a year-to-year basis. We are also persuaded that the facility is akin to...

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