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MATTER OF FILOSA v. DONNELLY

2011-06043.

94 A.D.3d 760 (2012)

941 N.Y.S.2d 671

2012 NY Slip Op 2494

In the Matter of MARLENE S. FILOSA, Respondent, v. MICHAEL J. DONNELLY, Appellant.

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

Decided April 3, 2012.

Ordered that the order dated May 23, 2011, is affirmed, with costs.

Since the record is clear that all parties viewed the petition as an "enforcement proceeding," and the father's substantial rights were not prejudiced by any alleged defect, the Family Court properly denied the father's application to dismiss the petition as jurisdictionally defective (see CPLR 2001; Yeshiva Chasdei Torah v Dell Equity, LLC, 90 A.D.3d 746...

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