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MATTER OF NIEWIADOMSKI v. DOWER

286 A.D.2d 948 (2001)

731 N.Y.S.2d 420

In the Matter of ROBERT NIEWIADOMSKI, Appellant, v. PATRICIA DOWER, Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided September 28, 2001.

Order unanimously affirmed without costs.

Memorandum:

In appeal No. 1, we conclude that Family Court properly denied the petition of Robert Niewiadomski seeking reimbursement for child support overpayments. There is a "strong public policy against restitution or recoupment of support overpayments" (Baraby v Baraby, 250 A.D.2d 201, 205). Although "recoupment of child support payments is, under certain circumstances...

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