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SHARON B. MELE, Appellant, v. WILLIAM C. TINELLI, Respondent.

Order unanimously reversed, without costs, and action restored to calendar for Supreme Court, Oneida County. Memorandum: Family Court has no jurisdiction to enforce a separation agreement as such (see Iseman v Iseman, 48 A.D.2d 809, app dsmd 37 N.Y.2d 918; "Manheim" v "Manheim", 200 Misc. 802, 806; Besharov, Practice Commentary, McKinney's Cons Laws of NY, Book 29A, 1976-1982, Supp Pamph, Family Ct Act, § 411, p 71). Accordingly, Trial Term erred in transferring to Family Court plaintiff's plenary action on the contract for the recovery of arrears under a separation agreement.

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MELE v. TINELLI
(Apr 1, 1983)