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Matter of Sullivan v. Sullivan

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1979
71 A.D.2d 810 (N.Y. App. Div. 1979)

Opinion

July 6, 1979

Appeal from the Onondaga County Family Court.

Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Witmer, JJ.


Order unanimously affirmed, with costs. Memorandum: We agree with Family Court which directed appellant to pay child support for Deborah Sullivan, issue of the marriage. However, the court erroneously found that this 17-year-old girl was once emancipated during the period of time when she did not reside with either parent. Deborah did not voluntarily abandon her father's home to seek her fortune or avoid parental discipline and restraint (Matter of Roe v. Doe, 29 N.Y.2d 188). The only fair interpretation of the evidence is that she was never emancipated (CPLR 5712, subd [b]; cf. Gillette v. Heinrich Motors, 55 A.D.2d 841; Collins v. Wilson, 40 A.D.2d 750).


Summaries of

Matter of Sullivan v. Sullivan

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1979
71 A.D.2d 810 (N.Y. App. Div. 1979)
Case details for

Matter of Sullivan v. Sullivan

Case Details

Full title:In the Matter of BARBARA S. SULLIVAN, Respondent, v. THOMAS H. SULLIVAN…

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

Date published: Jul 6, 1979

Citations

71 A.D.2d 810 (N.Y. App. Div. 1979)