From Casetext: Smarter Legal Research

Lee v. Fromcheck

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2009
67 A.D.3d 867 (N.Y. App. Div. 2009)

Opinion

No. 2008-08875.

November 17, 2009.

In a matrimonial action in which the parties were divorced by judgment entered November 5, 1999, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Zimmerman, J.), dated July 22, 2008, as denied, without a hearing, that branch of her motion which was, in effect, for a modification of the plaintiff's child support obligation.

Mangi Graham, LLP, Westbury, N.Y. (James J. Graham, Jr., of counsel), for appellant.

The Barbara Law Firm, Garden City, N.Y. (Cindy A. Prusinowksi of counsel), for respondent.

Before: Rivera, J.P., Florio, Miller and Hall, JJ, concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied, without a hearing, that branch of the defendant's motion which was, in effect, for a modification of the plaintiffs child support obligation. The defendant did not allege, much less prove, that the plaintiff was failing to pay adequate child support, did not dispute the plaintiffs contention that he was paying all of the child's college and other expenses, and failed to allege or demonstrate that the needs of the child were not being met ( cf. Friedman v Friedman, 65 AD3d 1081).


Summaries of

Lee v. Fromcheck

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2009
67 A.D.3d 867 (N.Y. App. Div. 2009)
Case details for

Lee v. Fromcheck

Case Details

Full title:RICHARD LEE, Respondent, v. ROBIN FROMCHECK, Appellant

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

Date published: Nov 17, 2009

Citations

67 A.D.3d 867 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8587
888 N.Y.S.2d 429

Citing Cases

Nelson v. Nelson

The terms of a stipulation or settlement agreement incorporated "but not merged into a judgment of divorce…