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IN MATTER OF DELLAGATTA v. McGILLICUDDY

31 A.D.3d 549 (2006)

819 N.Y.S.2d 69

In the Matter of RICK ENRICO DELLAGATTA, Appellant, v. BELINDA McGILLICUDDY, Respondent.

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

July 11, 2006.

Ordered that the order is reversed, on the facts, with costs, the objection is sustained, the order dated January 5, 2005 is vacated, the motion is granted, and the matter is remitted to the Family Court, Nassau County, for further proceedings on the petition.

By order dated December 14, 2004, the Support Magistrate, inter alia, dismissed the father's petition for downward modification of his child support obligation for...

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