BARNABY v. BARNABY


259 A.D.2d 870 (1999)

686 N.Y.S.2d 230

ROSE M. BARNABY, Respondent, v. JAMES F. BARNABY, Appellant.

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

Decided March 11, 1999.


Yesawich Jr., J.

The parties married in 1981 and later that year plaintiff gave birth to their daughter; plaintiff also had a daughter from a previous marriage (hereinafter the elder child), who was born in 1974. In 1992, while this divorce action was pending, Family Court awarded plaintiff sole custody of the younger child and directed defendant to pay $173 per week for child support. Defendant did not timely appeal from that order, and the denial of his 1994 motion...

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