Bajak v. Bajak

Order unanimously reversed, with costs, and matter remitted to Erie County Family Court for further proceedings in accordance with the following memorandum: Appellant seeks review of an order of Family Court dismissing her petition for upward modification of child support. On June 13, 1974 the parties, who had been married for 18 years, entered into a separation agreement which contained provisions disposing of their property, including a provision granting exclusive possession of the marital residence to appellant. The agreement granted custody of the five children to appellant but did not…