Vaseghi v. Vaseghi

Full title: MARGARET VASEGHI, Respondent, v. MEHDI VASEGHI, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 28, 1985

114 A.D.2d 501 (N.Y. App. Div. 1985)

Opinion

October 28, 1985

Appeal from the Supreme Court, Nassau County (Brucia, J.).

Order affirmed, insofar as appealed from, with costs.

The general rule is that a Justice should not modify or overrule an order of a fellow Justice of coordinate jurisdiction (see, 1 Carmody-Wait 2d, N.Y. Prac §§ 2:64-2:67; CPLR 2221). However, in the case at bar, there was a true change in circumstances warranting modification and under the facts of this case, we find no reason to disturb the determination (see, 1 Carmody-Wait 2d, N.Y. Prac § 2:68). Mollen, P.J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.