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IN THE MATTER OF JAHA SMITH, appellant, v. VALERIE GRAVES, respondent.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the father's contentions, he failed to establish that the mother deliberately frustrated or actively interfered with his visitation rights (see Matter of Clum v. Seksinsky, 263 A.D.2d 507, 508; Matter of Vanderhoff v. Vanderhoff, 207 A.D.2d 494, 495; Weinreich v. Weinreich, 184 A.D.2d 505, 506; Resnick v. Zoldan, 134 A.D.2d 246, 247). Therefore, the Family Court properly denied his petition seeking to suspend his child support obligation with respect to the parties' teenaged daughter.

The father's remaining contentions are without merit.

S. MILLER, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

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SMITH v. GRAVES
(May 5, 2003)