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Matter of Frenke v. Frenke

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1999
267 A.D.2d 238 (N.Y. App. Div. 1999)

Opinion

Submitted November 4, 1999

December 6, 1999

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (McElligott, J.), entered January 8, 1999, which denied his objections to an order of the same court (Crosson, H.E.), dated October 26, 1998, which, after a hearing, dismissed his petition for a downward modification of child support.

Joseph Mauro, Huntington, N.Y., for appellant.

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.


ORDERED that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Family Court did not improvidently exercise its discretion in admitting a decision of the Social Security Administration as some evidence, but not prima facie evidence, of the facts contained therein ( see, Cramer v. Kuhns, 213 A.D.2d 131, 136; Kaiser v. Metropolitan Tr. Auth., 170 Misc.2d 321, 326; cf., CPLR 4520).

BRACKEN, J.P., THOMPSON, FRIEDMANN, and SMITH, JJ., concur.


Summaries of

Matter of Frenke v. Frenke

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1999
267 A.D.2d 238 (N.Y. App. Div. 1999)
Case details for

Matter of Frenke v. Frenke

Case Details

Full title:In the Matter of THERESA FRENKE, respondent, v. CRAIG FRENKE, appellant

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

Date published: Dec 6, 1999

Citations

267 A.D.2d 238 (N.Y. App. Div. 1999)
699 N.Y.S.2d 313

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