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Barclay v. Hutchinson

Supreme Court, Appellate Division, Second Department, New York.
Jun 17, 2015
129 A.D.3d 953 (N.Y. App. Div. 2015)

Opinion

2014-00596 (Docket No. F-38441-09)

2015-06-17

In the Matter of Gloria BARCLAY, respondent, v. Stephen HUTCHINSON, appellant.

Stephen Hutchinson, Brooklyn, N.Y., appellant pro se. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Diana Lawless of counsel), for respondent.


Stephen Hutchinson, Brooklyn, N.Y., appellant pro se. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Diana Lawless of counsel), for respondent.

Appeal from an order of the Family Court, Kings County (Dean Kusakabe, J.), dated October 8, 2013. The order denied the father's objections to an order of that court (Elizabeth Shamahs, S.M.) dated May 31, 2013, which, after a hearing, denied his motion to dismiss the mother's petition seeking enforcement of an out-of-state registered order of child support.

ORDERED that the order dated October 8, 2013, is affirmed, with costs.

Contrary to the father's contentions, the Family Court properly denied his objections to the order denying his motion to dismiss the mother's petition seeking enforcement of an out-of-state registered order of child support pursuant to the Uniform Interstate Family Support Act (Family Ct. Act art. 5–B). Where, as here, the nonregistering party either fails to timely contest the registration or enforcement of the order of support or fails to establish a defense under Family Court Act § 580–607(a), the “registering tribunal” (Family Ct. Act § 580–101[15] ) is required to confirm the order ( see Family Ct. Act §§ 580–605[b][3]; 580–606[b]; 580–607[c]; see also Matter of Campbell v. O'Neil, 266 A.D.2d 538, 699 N.Y.S.2d 87).

The father's remaining contentions are without merit.

MASTRO, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.


Summaries of

Barclay v. Hutchinson

Supreme Court, Appellate Division, Second Department, New York.
Jun 17, 2015
129 A.D.3d 953 (N.Y. App. Div. 2015)
Case details for

Barclay v. Hutchinson

Case Details

Full title:In the Matter of Gloria BARCLAY, respondent, v. Stephen HUTCHINSON…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 17, 2015

Citations

129 A.D.3d 953 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 5180
10 N.Y.S.3d 450

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