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MATTER OF SMITH v. SMITH

283 A.D.2d 652 (2001)

725 N.Y.S.2d 853

In the Matter of ZOREEN SMITH, Respondent, v. DAVID SMITH, Appellant.

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

Decided May 29, 2001.

Ordered that the order is reversed, with costs, and the matter is remitted to the Family Court, Richmond County, for a new hearing in accordance herewith.

The Family Court should have accepted the affirmation of engagement of the father's attorney and should not have proceeded to conduct a hearing on the issues of arrears and modification of the father's child support obligation (see, Gage v Gage, 227 A.D.2d 443, 444;

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