Burroughs v. Burroughs

Appellate Division of the Supreme Court of New York

Burroughs v. Burroughs

262 A.D.2d 993, 692 N.Y.S.2d 276, 1999 N.Y. App. Div. LEXIS 7174

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

DecidedJune 18, 1999

StatusPublished

Cited by2 cases

This text of 262 A.D.2d 993 (Burroughs v. Burroughs) 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

Burroughs v. Burroughs, 262 A.D.2d 993, 692 N.Y.S.2d 276, 1999 N.Y. App. Div. LEXIS 7174 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying without a hearing plaintiffs application pursuant to Domestic Relations Law § 244 for an order directing the entry of judgment for maintenance arrears. “A motion under Domestic Relations Law § 244 is akin to a motion for summary judgment and should not be resolved without a hearing if the motion papers raise material issues of fact (Pecukonis v Pecukonis, 49 AD2d 985; see, Switzer v Switzer, 114 AD2d 499)” (Curtis v Curtis, 132 AD2d 850, 853). The parties’ submissions raise factual issues with respect to the amount of arrears allegedly due. Thus, we remit the matter to Supreme Court to conduct a hearing to resolve those issues (see, Rogers v Rogers, 151 AD2d 738; Curtis v Curtis, supra, at 853). (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Matrimonial.) Present — Green, J. P., Pine, Wisner, Hurlbutt and Balio, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying without a hearing plaintiffs application pursuant to Domestic Relations Law § 244 for an order directing the entry of judgment for maintenance arrears. “A motion under Domestic Relations Law § 244 is akin to a motion for summary judgment and should not be resolved without a hearing if the motion papers raise material issues of fact (Pecukonis v Pecukonis, 49 AD2d 985; see, Switzer v Switzer, 114 AD2d 499)” (Curtis v Curtis, 132 AD2d 850, 853). The parties’ submissions raise factual issues with respect to the amount of arrears allegedly due. Thus, we remit the matter to Supreme Court to conduct a hearing to resolve those issues (see, Rogers v Rogers, 151 AD2d 738; Curtis v Curtis, supra, at 853). (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Matrimonial.) Present — Green, J. P., Pine, Wisner, Hurlbutt and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

262 A.D.2d 993, 692 N.Y.S.2d 276, 1999 N.Y. App. Div. LEXIS 7174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burroughs-v-burroughs-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack