Carroll v. Scott

Appellate Division of the Supreme Court of New York

Carroll v. Scott

12 A.D.3d 670, 785 N.Y.S.2d 495, 2004 N.Y. App. Div. LEXIS 14488

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

DecidedNovember 29, 2004

StatusPublished

Cited by2 cases

This text of 12 A.D.3d 670 (Carroll v. Scott) 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

Carroll v. Scott, 12 A.D.3d 670, 785 N.Y.S.2d 495, 2004 N.Y. App. Div. LEXIS 14488 (N.Y. Ct. App. 2004).

Pincite

Opinion

In a proceeding to enforce a money judgment, Ron Scott appeals, as limited by his brief, from so much of an order of the Family Court, Queens County (Richardson-Thomas, J.), dated August 26, 2003, as denied his objection to an order of the same [671]*671court (Contaratos, H.E.), dated May 12, 2003, which directed him to pay the sum of $3,000 per month for, among other things, spousal and child support arrears.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the objection is granted, and the proceeding is dismissed.

The Family Court was without jurisdiction to hear the petition to enforce a money judgment derived from a 1995 judgment of divorce issued under an earlier index number where there was no ongoing support proceeding and no order granting maintenance or support before it (see CPLR 5221; Family Ct Act § 466 [c]). Accordingly, the proceeding should have been dismissed for lack of subject matter jurisdiction. Smith, J.P., Luciano, Rivera and Lifson, JJ., concur.

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In a proceeding to enforce a money judgment, Ron Scott appeals, as limited by his brief, from so much of an order of the Family Court, Queens County (Richardson-Thomas, J.), dated August 26, 2003, as denied his objection to an order of the same [671]*671court (Contaratos, H.E.), dated May 12, 2003, which directed him to pay the sum of $3,000 per month for, among other things, spousal and child support arrears.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the objection is granted, and the proceeding is dismissed.

The Family Court was without jurisdiction to hear the petition to enforce a money judgment derived from a 1995 judgment of divorce issued under an earlier index number where there was no ongoing support proceeding and no order granting maintenance or support before it (see CPLR 5221; Family Ct Act § 466 [c]). Accordingly, the proceeding should have been dismissed for lack of subject matter jurisdiction. Smith, J.P., Luciano, Rivera and Lifson, JJ., concur.

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Bluebook (online)

12 A.D.3d 670, 785 N.Y.S.2d 495, 2004 N.Y. App. Div. LEXIS 14488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-scott-nyappdiv-2004.

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