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BRIGITTE U. BECKER, Respondent, v. HENRY BECKER, Appellant. (Appeal No. 1.)

Order unanimously affirmed with costs. Memorandum: We agree with Family Court that the record fails to demonstrate that petitioner intentionally and voluntarily relinquished her right to seek payment of the arrears of maintenance provided by an order of support (see, Lannon v Lannon, 124 A.D.2d 1051, 1052). Here, there was no agreement that petitioner would accept the lesser amount paid by respondent (see, Malta v Malta, 87 A.D.2d 988). She demanded full payment after respondent paid the lesser amount. Mere inaction and delay in bringing this action for almost four years without a showing of prejudice to respondent does not constitute laches (see, Matter of Guido, 81 A.D.2d 614; see also, Maule v Kaufman, 33 N.Y.2d 58, 62, rearg denied 33 N.Y.2d 940).

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BECKER v. BECKER
(Dec 23, 1988)