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MATTER OF BIANCHI v. BREAKELL

48 A.D.3d 1000 (2008)

852 N.Y.S.2d 454

In the Matter of MARIE BIANCHI, Respondent, v. DAVID E. BREAKELL, Appellant. (Proceeding No. 1.) In the Matter of DAVID E. BREAKELL, Appellant, v. MARIE BIANCHI, Respondent. (Proceeding No. 2.)

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

Decided February 28, 2008.

Peters, J.

Having previously reviewed this matter (23 A.D.3d 947 [2005]), we remitted to Family Court for further proceedings to specifically address the income it imputed to respondent (hereinafter the father) after a hearing which was triggered by his objection to a cost of living adjustment (hereinafter COLA). At that time, the father's petition seeking a downward modification of his child support obligation was pending. The...

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