SPARACIO v. SPARACIO


283 A.D.2d 481 (2001)

724 N.Y.S.2d 204

MATTHEW J. SPARACIO, Appellant, v. MARILYN SPARACIO, Respondent.

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

Decided May 14, 2001.


Ordered that the order is affirmed, with costs.

The parties, former husband and wife, were divorced in 1993. By separation agreement dated May 17, 1993, incorporated but not merged into the judgment of divorce, the plaintiff agreed, inter alia, to pay child support for the parties' daughter, Marlene. Suspecting that since 1997 Marlene has not been living with the defendant, the plaintiff filed a petition in the Family Court on March 29, 1999, seeking to terminate...

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