FASANO v. FASANO


43 A.D.3d 988 (2007)

842 N.Y.S.2d 517

RALPH J. FASANO, Appellant, v. THERESA L. FASANO, Respondent.

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

Decided September 18, 2007.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's cross motion which was, in effect, to set aside paragraph 5, article F of the parties' separation agreement dated October 21, 1993, pertaining to cost of living increases in his child support obligation, as invalid and unenforceable for failure to comply with Domestic Relations Law § 240 (1-b) (h), and substituting...

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