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CLARA C. v. WILLIAM L.

96 N.Y.2d 244 (2001)

750 N.E.2d 1068

727 N.Y.S.2d 20

In the Matter of CLARA C., Appellant, v. WILLIAM L., Respondent.

Court of Appeals of the State of New York.

Decided May 3, 2001.

Attorney(s) appearing for the Case

Butterman, Kahn & Gardner, L. L. P., New York City (Jay R. Butterman and Howard A. Gardner of counsel), for appellant.

Children's Law Center, Brooklyn (Barbara H. Dildine of counsel), Law Guardian.

Cohen Hennessey & Bienstock, P. C., New York City (Harriet Newman Cohen, Peter Bienstock and Bonnie E. Rabin of counsel), for respondent.

Chief Judge KAYE and Judges ROSENBLATT and GRAFFEO concur with Judge CIPARICK; Judge LEVINE concurs in result in a separate opinion in which Judges SMITH and WESLEY concur.

OPINION OF THE COURT

CIPARICK, J.

In this paternity proceeding, we are called upon to decide whether a putative father can invoke Family Court Act § 516 to bar a mother from seeking additional child support, where the parties entered into a support agreement that was approved by the court without regard for the child's needs. Under the facts presented here, we conclude that he cannot.

In 1983...

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