Capalbo v. Capalbo

Appellate Division of the Supreme Court of New York

Capalbo v. Capalbo

148 A.D.2d 705, 540 N.Y.S.2d 206, 1989 N.Y. App. Div. LEXIS 4246

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

DecidedMarch 27, 1989

StatusPublished

Cited by1 cases

This text of 148 A.D.2d 705 (Capalbo v. Capalbo) 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

Capalbo v. Capalbo, 148 A.D.2d 705, 540 N.Y.S.2d 206, 1989 N.Y. App. Div. LEXIS 4246 (N.Y. Ct. App. 1989).

Pincite

Opinion

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from so much of an order of the Family Court, Westchester County (Bellantoni, J.), dated May 6, 1986, as denied his objections to an order of the same court (Mrsich, H.E.), dated March 18, 1986, which dismissed his petition for downward modification of his support obligation.

Ordered that the order is affirmed insofar as appealed from, with costs.

The father petitioned for a downward modification of his child support obligation, based, inter alia, on his claim that the parties’ son was emancipated. The Family Court, Westchester County (Lorenzo, H.E.), by order dated August 14, 1984, denied the application. The father’s objections to the order of the Hearing Examiner were denied by order of the same court (Scancarelli, J.), dated November 1, 1984. No appeal was taken from the latter order. Consequently, the father was collaterally estopped from relitigating, on the current petition for similar relief, the issue of whether the son was emancipated on or before August 14, 1984 (see, Ryan v New York Tel. Co., 62 NY2d 494; O’Brien v City of Syracuse, 54 NY2d 353) and the Family Court properly precluded him from doing so. We have examined the father’s remaining contentions and find them to be without merit. Bracken, J. P., Spatt, Sullivan and Harwood, JJ., concur.

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

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from so much of an order of the Family Court, Westchester County (Bellantoni, J.), dated May 6, 1986, as denied his objections to an order of the same court (Mrsich, H.E.), dated March 18, 1986, which dismissed his petition for downward modification of his support obligation.

Ordered that the order is affirmed insofar as appealed from, with costs.

The father petitioned for a downward modification of his child support obligation, based, inter alia, on his claim that the parties’ son was emancipated. The Family Court, Westchester County (Lorenzo, H.E.), by order dated August 14, 1984, denied the application. The father’s objections to the order of the Hearing Examiner were denied by order of the same court (Scancarelli, J.), dated November 1, 1984. No appeal was taken from the latter order. Consequently, the father was collaterally estopped from relitigating, on the current petition for similar relief, the issue of whether the son was emancipated on or before August 14, 1984 (see, Ryan v New York Tel. Co., 62 NY2d 494; O’Brien v City of Syracuse, 54 NY2d 353) and the Family Court properly precluded him from doing so. We have examined the father’s remaining contentions and find them to be without merit. Bracken, J. P., Spatt, Sullivan and Harwood, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

148 A.D.2d 705, 540 N.Y.S.2d 206, 1989 N.Y. App. Div. LEXIS 4246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capalbo-v-capalbo-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack