From Casetext: Smarter Legal Research

Matter of Borell v. Merola

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 684 (N.Y. App. Div. 1996)

Opinion

February 26, 1996

Appeal from the Family Court, Richmond County (Meyer, J., Gansberg, H.E.).


Ordered that the order dated May 10, 1994, is modified, on the law and on the facts, by sustaining the appellant's objection to the amount of alimony arrears awarded and by increasing the arrears awarded in the order dated April 4, 1994, from the principal sum of $23,600 to the principal sum of $62,400; as so modified, the order dated May 10, 1994, is affirmed insofar as appealed from, with costs to the appellant.

The former wife testified at the hearing that her former husband failed to pay her any alimony from 1987 until early 1993 when she commenced this proceeding. The former husband failed to refute this testimony. Accordingly, the Hearing Examiner should have awarded the former wife alimony arrears for the six-year period from 1987 until the commencement of this proceeding in 1993 (see, CPLR 213).

The appellant's remaining contention is without merit (see, Matter of Miller v. Miller, 205 A.D.2d 692; Matter of Department of Social Servs. [Arquiette] v. Arquiette, 74 A.D.2d 961). Sullivan, J.P., Pizzuto, Goldstein and Florio, JJ., concur.


Summaries of

Matter of Borell v. Merola

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 684 (N.Y. App. Div. 1996)
Case details for

Matter of Borell v. Merola

Case Details

Full title:In the Matter of BLANCHE BORELL, Appellant, v. MILTON MEROLA, Respondent

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

Date published: Feb 26, 1996

Citations

224 A.D.2d 684 (N.Y. App. Div. 1996)
639 N.Y.S.2d 68