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Matter of Knotts v. Vezina

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 539 (N.Y. App. Div. 1998)

Opinion

February 17, 1998

Appeal from the Family Court, Westchester County (Spitz, J.).


Ordered that the order is affirmed, with costs.

The appellant's argument that the petition should have been dismissed on the grounds of laches, waiver, or estoppel because the petitioner did not bring this proceeding until some 13 years after he defaulted on his child support obligations is not properly before this Court, as it is dependant on the resolution of factual issues and thus may not be raised for the first time on appeal. In any event, this claim is without merit ( see, Matter of Dox v. Tynon, 90 N.Y.2d 166, 168).

The appellant's remaining objections were properly denied.

The Hearing Examiner properly awarded interest on the amounts due ( see, Domestic Relations Law § 244).

Mangano, P.J., Bracken, Copertino and Santucci, JJ., concur.


Summaries of

Matter of Knotts v. Vezina

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 539 (N.Y. App. Div. 1998)
Case details for

Matter of Knotts v. Vezina

Case Details

Full title:In the Matter of MARCIA KNOTTS, Respondent, v. THOMAS VEZINA, Appellant

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

Date published: Feb 17, 1998

Citations

247 A.D.2d 539 (N.Y. App. Div. 1998)
668 N.Y.S.2d 477

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