Arkali v. Muuss

Full title: In the Matter of Mustafa Arkali, appellant, v. William Muuss, et al.…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jul 1, 2015

2015 N.Y. Slip Op. 5671 (N.Y. App. Div. 2015)

Opinion

2014-03091

07-01-2015

In the Matter of Mustafa Arkali, appellant, v. William Muuss, et al., respondents.

Joseph W. Prokop PLLC, Central Islip, N.Y., for appellant. Dennis M. Brown, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), for respondent Suffolk County Department of Social Services.

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ. (Docket No. F-1813-98)

Joseph W. Prokop PLLC, Central Islip, N.Y., for appellant.

Dennis M. Brown, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), for respondent Suffolk County Department of Social Services.

DECISION & ORDER

Appeal from an order of the Family Court, Suffolk County (Bernard Cheng, J.), dated January 27, 2014. The order denied the father's objections to an order of that court (Aletha V. Fields, S.M.), dated December 2, 2013, which denied his petition, in effect, for a recalculation of his child support arrears for the benefit of William Muuss.

ORDERED that the order dated January 27, 2014, is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the father's objections to the order dated December 2, 2013, which denied his petition, in effect, for a recalculation of his child support arrears for the benefit of William Muuss, are granted, the order dated December 2, 2013, is vacated, the father's petition, in effect, for a recalculation of child support arrears for the benefit of William Muuss is granted, and the matter is remitted to the Family Court, Suffolk County, for a hearing on the issue of a recalculation of the father's child support arrears for the benefit of William Muuss and a determination thereafter.

Under the circumstances presented, the father demonstrated that a hearing to recalculate his child support arrears for the benefit of William Muuss is warranted (see Family Ct Act 545; Matter of Johnson v Carter, 83 AD3d 940; see generally Matter of Griffin v Griffin, 25 AD3d 797, 798). Accordingly, the matter must be remitted to the Family Court, Suffolk County, for that purpose and a determination thereafter.

CHAMBERS, J.P., HALL, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court