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MATTER OF FANTEL v. STAMATATOS

59 A.D.3d 717 (2009)

___ N.Y.S.2d ___

In the Matter of ROBERT S. FANTEL, Respondent, v. ELPIDA I. STAMATATOS, Appellant.

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

Decided February 24, 2009.

Ordered that the notice of appeal from the order dated April 7, 2008 is deemed a premature notice of appeal from the order dated May 12, 2008 (see CPLR 5520 [c]); and it is further,

Ordered that the order dated May 12, 2008 is reversed, on the law, with costs, the mother's objections are sustained, the order dated April 7, 2008 is vacated, and the petition is denied.

"When a party seeks to modify the child support provision of a prior order or judgment...

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