Dey v. Bayard

In a proceeding to vacate certain child support arrears allegedly owed by the petitioner, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Burke, J.), dated April 2, 2003, which denied his petition to recompute his child support arrears to reflect a child support payment he allegedly made in the amount of $9,000 and, in effect, dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing in accordance herewith.

The…