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Matter of Joseph v. Ellen

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1996
227 A.D.2d 561 (N.Y. App. Div. 1996)

Opinion

May 20, 1996

Appeal from the Family Court, Nassau County (Koenig, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The father demonstrated at the hearing that his 16-year-old daughter voluntarily refused all contacts with him without cause thereby constructively abandoning him, warranting discharge of his obligation to support her ( see, Cohen v. Schnepf, 94 A.D.2d 783; Matter of Rubino v. Morgan, 224 A.D.2d 903). The mother contends that the father's lack of contact with his daughter is attributable in part to her interference with visitation. However this would not constitute a ground for the resumption of child support payments ( see, Hiross v. Hiross, 224 A.D.2d 662). Rosenblatt, J.P., Miller, Pizzuto and Goldstein, JJ., concur.


Summaries of

Matter of Joseph v. Ellen

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1996
227 A.D.2d 561 (N.Y. App. Div. 1996)
Case details for

Matter of Joseph v. Ellen

Case Details

Full title:In the Matter of JOSEPH M.M., JR., Respondent, v. MARY ELLEN C.M.…

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

Date published: May 20, 1996

Citations

227 A.D.2d 561 (N.Y. App. Div. 1996)
642 N.Y.S.2d 713

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