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Kolbenheyer v. Kolbenheyer

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 383 (N.Y. App. Div. 1994)

Opinion

November 7, 1994

Appeal from the Supreme Court, Suffolk County (Kitson, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant's contention, the Supreme Court properly employed the expedited procedure provided by Domestic Relations Law § 244 and awarded the plaintiff child support arrears without holding a hearing. In neither his opposition nor his surreply papers did the defendant demonstrate good cause for his failure to apply for relief from the order directing payment (see, Domestic Relations Law § 244). Further, and most significantly, the defendant wholly failed to demonstrate, or even allege, that he actually made any of the individual child support payments which the plaintiff averred he had missed. His submission of unverified copies of letters and documents from since-withdrawn proceedings in the State of Florida, in which various amounts of child support arrears were sought, without more, was insufficient to require the court to abandon the expedited procedure provided by Domestic Relations Law § 244.

The defendant's Statute of Limitations claim is unpreserved for appellate review because he failed to raise it at any juncture in the proceedings before the Supreme Court (see, O'Sullivan v O'Sullivan, 206 A.D.2d 960; Silvester v. Silvestrelli, 204 A.D.2d 427; cf., Consentino v. Sweeney, 143 A.D.2d 971). Lawrence, J.P., O'Brien, Joy and Altman, JJ., concur.


Summaries of

Kolbenheyer v. Kolbenheyer

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 383 (N.Y. App. Div. 1994)
Case details for

Kolbenheyer v. Kolbenheyer

Case Details

Full title:KAREN KOLBENHEYER, Respondent, v. HOWARD KOLBENHEYER, Appellant

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

Date published: Nov 7, 1994

Citations

209 A.D.2d 383 (N.Y. App. Div. 1994)
619 N.Y.S.2d 598