Ranieri v. Xerox Corp.

1 Citing case

  1. Yezzi v. Small

    206 A.D.3d 1472 (N.Y. App. Div. 2022)   Cited 13 times

    Preliminarily, the mother argues that the appeal should be dismissed on the ground that it was improperly taken from the December 2019 order even though Supreme Court issued an amended order in April 2020. However, we elect to exercise our discretion to treat the father's appeal as having properly been taken from the amended order, issued after the father filed his notice of appeal, inasmuch as the amended order is substantially the same as the original and the mother has made no claim of prejudice (see CPLR 5520[c] ; Matter of Ranieri v. Xerox Corp., 192 A.D.3d 1289, 1290 n. 1, 143 N.Y.S.3d 724 [2021] ; contraSmall v. Yezzi, 197 A.D.3d 1399, 1401, 153 N.Y.S.3d 664 [2021] ). Turning to the issue of whether the mother was entitled to a modification of child support, the mother, as the party seeking to modify a separation agreement that was incorporated, without merger, into a divorce decree, bore the burden of establishing a substantial change in circumstances (see Domestic Relations Law ยง 236[B][9][b][2][i] ).