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MATTER OF BARNEY v. VAN AUKEN

514168.

97 A.D.3d 959 (2012)

949 N.Y.S.2d 509

2012 NY Slip Op 5592

In the Matter of SUSAN R. BARNEY, Respondent, v. DENNIS G. VAN AUKEN, Appellant.

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

July 12, 2012.

Lahtinen, J.

The parties' daughter (born in 1990) moved from respondent's residence to petitioner's home when she turned 18 in November 2008, and in May 2009 petitioner commenced this proceeding seeking child support. Respondent's defenses included visitation as a defense, alleged as abandonment. Since the Support Magistrate improperly ruled upon such issue without referring it to Family Court, we reversed and remitted ...

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