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Jonasse v. Jonasse

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1986
116 A.D.2d 997 (N.Y. App. Div. 1986)

Opinion

January 24, 1986

Appeal from the Supreme Court, Monroe County, Siracuse, J.

Present — Callahan, J.P., Doerr, Green, O'Donnell and Pine, JJ.


Order unanimously reversed, on the law, without costs, petition reinstated, and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with the following memorandum: Defendant's application for an upward modification of child support based on the age of the children and an increase in the cost of living (see, Matter of Brescia v Fitts, 56 N.Y.2d 132, 139-140; cf. Matter of Boden v Boden, 42 N.Y.2d 210) should not have been denied without a hearing inasmuch as the moving papers raise disputed issues of fact (see, Van Niel v Van Niel, 93 A.D.2d 986). We remit this matter, therefore, so that the court may conduct a hearing to determine whether the alleged changes warrant modification (see, Huber v Huber, 59 A.D.2d 1063; Matter of Monesi v Monesi, 55 A.D.2d 1020; Rollins v Rollins, 33 A.D.2d 990).


Summaries of

Jonasse v. Jonasse

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1986
116 A.D.2d 997 (N.Y. App. Div. 1986)
Case details for

Jonasse v. Jonasse

Case Details

Full title:JON JONASSE, Respondent, v. KAREN JONASSE (GORMAN), Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 24, 1986

Citations

116 A.D.2d 997 (N.Y. App. Div. 1986)

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