Dorn v. Dorn

OPINION OF THE COURT

Edward J. McLaughlin, J.

By attorney’s affidavit filed with the court on May 5, 1987, *838petitioner objects, pursuant to section 439 of the Family Court Act, to an order dismissing a petition to modify an order of another court for failure to state a cause of action. Respondent sought dismissal of the petition "in that no allegation of an increased ability to pay or an ability to pay beyond the needs of the children at the time of the original order was set forth as to the Respondent.” The order of dismissal was filed and entered on April 8, 1987. No rebuttal was received from…