Whitman v. Whitman

— Appeal from that portion of an order of the Supreme Court at Special Term (Hughes, J.), entered May 20,1982 in Ulster County, which denied defendant’s cross motion for dismissal of the action. In the instant action, plaintiff seeks upward modification of child support provided in a separation agreement that was incorporated into a Mexican divorce decree. Plaintiff had made a prior application for similar relief. That application (erroneously designated a special proceeding) was dismissed by Special Term (Pennock, J.) in January, 1981, when plaintiff failed to timely oppose defendant’s CPLR…