Opinion
15517 Dkt. No. F-363-05/19B Case No. 2020–04575
03-15-2022
In the Matter of MARSHA S., Petitioner–Appellant, v. TROY R., Respondent–Respondent.
Howard J. Pobiner, White Plains, for appellant.
Howard J. Pobiner, White Plains, for appellant.
Gische, J.P., Kern, Gonza´lez, Shulman, Higgitt, JJ.
Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about October 26, 2020, which denied petitioner's objection to an order, same court (Paul Ryneski, Support Magistrate), entered on or about June 15, 2020, dismissing her petition to vacate two orders that suspended the father's child support obligation and for an award of retroactive support for the period from May 14, 2004 to October 2, 2018, unanimously affirmed, without costs.
Petitioner is precluded from relitigating her entitlement to child support for the retroactive period, as her petition is premised on arguments previously raised and rejected on their merits in the prior proceeding that she commenced in Westchester County, in which she also sought retroactive child support (see Parker v. Blauvelt Volunteer Fire Co., 93 N.Y.2d 343, 349, 690 N.Y.S.2d 478, 712 N.E.2d 647 [1999] ). In light of our determination, we need not reach petitioner's remaining arguments.