Smith v. Smith

— Order reversed, on the law, without costs, and matter remitted to Monroe County Family Court for further proceedings, in accordance with the following memorandum: Petitioner wife commenced a proceeding in Family Court seeking an upward modification of the child support *547provisions contained in the divorce judgment previously granted. Additionally, petitioner sought a judgment for arrearages in child support ostensibly owing pursuant to the divorce decree. On the return date for a hearing before the Hearing Examiner, respondent appeared without an attorney, but was given permission to call…