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Matter of Quellhorst v. Quellhorst

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 245 (N.Y. App. Div. 2000)

Opinion

Submitted April 18, 2000.

June 5, 2000.

In a proceeding pursuant to Family Court Act article 4 for a downward modification of child support, the petitioner appeals from an order of the Family Court, Suffolk County (Trainor, J.), dated March 31, 1999, which denied his objections to an order of the same court (Lynaugh, H.E.), dated February 3, 1999, which dismissed the petition.

Barton R. Resnicoff, Great Neck, N.Y., for appellant.

Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, SONDRA MILLER, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The Family Court correctly denied the petitioner's objections to the order of the Hearing Examiner which dismissed the petition on the basis that the appellant father failed to file proof of service of his objections on the respondent mother (see, Family Ct Act § 439[e]; Matter of Rinaldi v. Rinaldi, 239 A.D.2d 506). In any event, the petition did not allege that the appellant's circumstances had changed since the time of the divorce judgment (see generally, Lada v. Lada, 231 A.D.2d 521; Rosen v. Rosen, 193 A.D.2d 661; Schnoor v. Schnoor, 189 A.D.2d 809).


Summaries of

Matter of Quellhorst v. Quellhorst

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 245 (N.Y. App. Div. 2000)
Case details for

Matter of Quellhorst v. Quellhorst

Case Details

Full title:IN THE MATTER OF ERIC QUELLHORST, APPELLANT, v. ELIZABETH QUELLHORST…

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

Date published: Jun 5, 2000

Citations

273 A.D.2d 245 (N.Y. App. Div. 2000)
709 N.Y.S.2d 438