Dupree v. Dupree

Appellate Division of the Supreme Court of New York

Dupree v. Dupree

104 A.D.2d 705, 481 N.Y.S.2d 319, 1984 N.Y. App. Div. LEXIS 20120

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

DecidedSeptember 27, 1984

StatusPublished

This text of 104 A.D.2d 705 (Dupree v. Dupree) 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

Dupree v. Dupree, 104 A.D.2d 705, 481 N.Y.S.2d 319, 1984 N.Y. App. Div. LEXIS 20120 (N.Y. Ct. App. 1984).

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Opinion

— Appeal from an order of the Family Court [706]*706of St. Lawrence County (Follett, J.), entered September 9,1982, which lowered petitioner’s child support payments to $65 per week.

When this case was previously before this court, we concluded that the record before us indicated that petitioner left his more lucrative employment for other than valid vocational reasons, and we reversed the order of Family Court (Matter of Dupree v Dupree, 98 AD2d 898). However, the Court of Appeals determined that Family Court did not rely on this ground, but rather relied on petitioner’s inability to return to his prior position, his limited vocational skills and his inability to continue to make weekly $100 support payments on his present income. The Court of Appeals further concluded that it could not be said, as a matter of law, that Family Court erred in exercising its discretion to modify the support obligation on this ground inasmuch as it could be found that the husband was unable to provide support at the original level. The case was remitted to this court for the exercise of its discretion (Matter of Dupree v Dupree, 62 NY2d 1009).

Accordingly, we affirm the order of Family Court.

Order affirmed, without costs. Main, J. P., Casey, Mikoll, Levine and Harvey, JJ., concur.

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— Appeal from an order of the Family Court [706]*706of St. Lawrence County (Follett, J.), entered September 9,1982, which lowered petitioner’s child support payments to $65 per week.

When this case was previously before this court, we concluded that the record before us indicated that petitioner left his more lucrative employment for other than valid vocational reasons, and we reversed the order of Family Court (Matter of Dupree v Dupree, 98 AD2d 898). However, the Court of Appeals determined that Family Court did not rely on this ground, but rather relied on petitioner’s inability to return to his prior position, his limited vocational skills and his inability to continue to make weekly $100 support payments on his present income. The Court of Appeals further concluded that it could not be said, as a matter of law, that Family Court erred in exercising its discretion to modify the support obligation on this ground inasmuch as it could be found that the husband was unable to provide support at the original level. The case was remitted to this court for the exercise of its discretion (Matter of Dupree v Dupree, 62 NY2d 1009).

Accordingly, we affirm the order of Family Court.

Order affirmed, without costs. Main, J. P., Casey, Mikoll, Levine and Harvey, JJ., concur.

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Bluebook (online)

104 A.D.2d 705, 481 N.Y.S.2d 319, 1984 N.Y. App. Div. LEXIS 20120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupree-v-dupree-nyappdiv-1984.

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