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FREDA MAUSS, Respondent, v. MARC MAUSS, Appellant.

Although petitioner's excuse for her delay in enforcing the parties' 1982 support order is weak, delay alone is insufficient to bar a claim on the ground of laches (Matter of Department of Social Servs. v Wright, 112 A.D.2d 159, 160), and respondent's claim of lack of knowledge that petitioner would seek to enforce the order and prejudice as a result of the delay are not convincing (see, Maule v Kaufman, 33 N.Y.2d 58). We have considered respondent's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Asch, Nardelli and Tom, JJ.

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MAUSS v. MAUSS
(Apr 12, 1994)