Perry v. Knab

Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in denying petitioner’s objections to an order of the Hearing Examiner that granted respondent’s motion to dismiss the petition for failure to state a cause of action. An oral stipulation, which was incorporated but not merged in the divorce judgment, required petitioner to pay "unallocated family support” to respondent, who was granted sole custody of the parties’ two children. The…