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MATTER OF JOSEPH v. ELLEN
Appellate Division of the Supreme Court of New York, Second Department.
May 20, 1996
Ordered that the order is affirmed insofar as appealed from, with costs.
The father demonstrated at the hearing that his 16-year-old daughter voluntarily refused all contacts with him without cause thereby constructively abandoning him, warranting discharge of his obligation to support her ( see, Cohen v. Schnepf, 94 A.D.2d 783; Matter of Rubino v. Morgan, 224 A.D.2d 903). The mother contends that the father's lack of contact with his daughter is attributable in part to her interference with visitation. However this would not constitute a ground for the resumption of child support payments ( see, Hiross v. Hiross, 224 A.D.2d 662). Rosenblatt, J.P., Miller, Pizzuto and Goldstein, JJ., concur.
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