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Sullivan v. Sullivan

71 A.D.2d 810, 419 N.Y.S.2d 24, 1979 N.Y. App. Div. LEXIS 13029
Procedural entryThis page is a short order in Sullivan v. Sullivan. Read the opinion of the Court — 87 A.D.2d 42 →
Appellate Division of the Supreme Court of the State of New York·Decided July 6, 1979·Published

Opinion

—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 NY2d 188). The only fair interpretation of the evidence is that she was never emancipated (CPLR 5712, subd [b]; cf. Gillette v Heinrich Motors, 55 AD2d 841; Collins v Wilson, 40 AD2d 750). (Appeal from order of Onondaga County Family Court—support.) Present—Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.

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Sullivan v. Sullivan, 71 A.D.2d 810, 419 N.Y.S.2d 24, 1979 N.Y. App. Div. LEXIS 13029 (N.Y. Ct. App. 1979).

71 A.D.2d 810 (Sullivan v. Sullivan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re Roe v. Doe
272 N.E.2d 567 (New York Court of Appeals, 1971)
Collins v. Wilson
40 A.D.2d 750 (Appellate Division of the Supreme Court of New York, 1972)
Gillette v. Heinrich Motors, Inc.
55 A.D.2d 841 (Appellate Division of the Supreme Court of New York, 1976)