MATTER OF BROWN v. ELEY

2014-07807, Docket No. F-11496-13.

137 A.D.3d 1024 (2016)

27 N.Y.S.3d 241

2016 NY Slip Op 01841

In the Matter of MARLITA BROWN, Respondent, v. JOHN M. ELEY III, Appellant.

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

Decided March 16, 2016.


Ordered that the order dated June 20, 2014 is affirmed, without costs or disbursements.

The mother filed a modification petition, seeking an increase in child support to include the father's 45% pro rata share of the college expenses of the parties' child. After requesting and being granted a change of venue, the father failed to appear, and the Support Magistrate, in an order dated January 27, 2014, granted the petition upon his default. The father moved to vacate...

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