Appel-Meller v. Meller

Appellate Division of the Supreme Court of New York

Appel-Meller v. Meller

223 A.D.2d 445, 637 N.Y.S.2d 13, 1996 N.Y. App. Div. LEXIS 476

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 23, 1996

StatusPublished

This text of 223 A.D.2d 445 (Appel-Meller v. Meller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Appel-Meller v. Meller, 223 A.D.2d 445, 637 N.Y.S.2d 13, 1996 N.Y. App. Div. LEXIS 476 (N.Y. Ct. App. 1996).

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Opinion

Order, Supreme Court, New York County (Jacqueline Silbermann, J.), entered on or about August 29, 1994, which, inter alia, granted plaintiffs cross-motion to confirm the report of the Special Referee and directed entry of judgment in plaintiff’s favor in the sum of $12,000 for child support arrears, unanimously affirmed, without costs.

The record clearly establishes that defendant is delinquent in his support obligations, and the IAS Court therefore properly confirmed the Referee’s interim report to the extent that it found him to be in arrears in the amount indicated. Assuming arguendo that plaintiff has, as defendant maintains, interfered with his access to the parties’ daughter, he was not justified in resorting to self-help by simply failing to satisfy his financial obligations. Concur—Ellerin, J. P., Kupferman, Ross, Williams and Tom, JJ.

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Order, Supreme Court, New York County (Jacqueline Silbermann, J.), entered on or about August 29, 1994, which, inter alia, granted plaintiffs cross-motion to confirm the report of the Special Referee and directed entry of judgment in plaintiff’s favor in the sum of $12,000 for child support arrears, unanimously affirmed, without costs.

The record clearly establishes that defendant is delinquent in his support obligations, and the IAS Court therefore properly confirmed the Referee’s interim report to the extent that it found him to be in arrears in the amount indicated. Assuming arguendo that plaintiff has, as defendant maintains, interfered with his access to the parties’ daughter, he was not justified in resorting to self-help by simply failing to satisfy his financial obligations. Concur—Ellerin, J. P., Kupferman, Ross, Williams and Tom, JJ.

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Bluebook (online)

223 A.D.2d 445, 637 N.Y.S.2d 13, 1996 N.Y. App. Div. LEXIS 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appel-meller-v-meller-nyappdiv-1996.