Burroughs v. Burroughs

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

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.