IN THE MATTER OF COURTNEY K. v. EDOARDO A.


55 A.D.3d 394 (2008)

864 N.Y.S.2d 772

In the Matter of COURTNEY K., Respondent, v. EDOARDO A., Appellant.

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

October 16, 2008.


We uphold the vacatur of the Support Magistrate's child support award, but on grounds other than those invoked by Family Court. We conclude that petitioner should have been granted an adjournment of the hearing, particularly where recently retained counsel made an adequate showing of need. Under the unusual circumstances presented, we find it prudent that the matter be retried...

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