HEJNA v. REILLY


26 A.D.3d 709 (2006)

810 N.Y.S.2d 242

CAROLYN I. HEJNA, Respondent-Appellant, v. ANDREW A. REILLY, Appellant-Respondent. (And a Related Proceeding.)

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

February 23, 2006.


MERCURE, J.P.

Appeal from an order of the Family Court of Albany County (Maney, J.), entered August 4, 2005, which, inter alia, dismissed petitioner's application, in a proceeding pursuant to Family Ct Act article 4, for modification of a prior child support order.

In April 1997, the parties entered into a separation agreement which was incorporated, but not merged, into their judgment of divorce. Plaintiff (hereinafter the mother) obtained primary physical...

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