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Matter of Barker v. Dorman

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 806 (N.Y. App. Div. 2002)

Opinion

275

March 15, 2002.

Appeal from an order of Family Court, Jefferson County (Hunt, J.), entered March 30, 2001, which denied in part petitioner's objections to the Hearing Examiner's order.

Swartz Law Firm, P.C., Watertown (Eric T. Swartz of counsel), for petitioner-appellant.

Timmerman Law Firm, Watertown (Rand R. Timmerman of counsel), for respondent-respondent.

PRESENT: GREEN, J.P., HAYES, HURLBUTT, KEHOE, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner contends that Family Court erred in failing to consider the parties' arrears stipulation before modifying respondent's child support obligation. Because petitioner did not raise that contention in her objections to the Hearing Examiner's order, it is not preserved for our review ( see, Matter of Hamdy v. Hamdy, 203 A.D.2d 959). The Hearing Examiner was in the best position to evaluate the credibility of the parties ( see, Matter of Emery v. Bond, 269 A.D.2d 832), and we conclude that the Hearing Examiner properly determined that respondent is entitled to a reduction in his child support obligation ( see, Cordell v. Cordell, 267 A.D.2d 1049, 1050).


Summaries of

Matter of Barker v. Dorman

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 806 (N.Y. App. Div. 2002)
Case details for

Matter of Barker v. Dorman

Case Details

Full title:MATTER OF CHERYLE A. BARKER, PETITIONER-APPELLANT, v. ERIC V. DORMAN…

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

Date published: Mar 15, 2002

Citations

292 A.D.2d 806 (N.Y. App. Div. 2002)
738 N.Y.S.2d 644

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