Appellate Division of the Supreme Court of New York, 1985

Trag v. Frank

Trag v. Frank
Appellate Division of the Supreme Court of New York · Decided April 1, 1985
110 A.D.2d 631; 487 N.Y.S.2d 120; 1985 N.Y. App. Div. LEXIS 48530
Trag v. Frank

Opinion of the Court

Based upon a review of the record, we conclude that the Family Court erred in dismissing the petition due to petitioner’s failure to answer interrogatories within the time period provided for. The best interest of the children, which is of paramount concern in support proceedings, can only be served by permitting petitioner additional time within which to file her sworn answers. Titone, J. P., Thompson, O’Connor and Eiber, JJ., concur.

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