Eaton-Freeman v. Hughes

149 A.D.2d 970, 543 N.Y.S.2d 346, 1989 N.Y. App. Div. LEXIS 6007

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 14, 1989
• Status: Published

Opinion

— Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed petitioner’s application seeking a writ of prohibition. In our view, respondent was acting within his lawful authority in ordering disclosure of the jointly filed tax returns of petitioner and her husband, who is a party to the Family Court support proceeding (see, Family Ct Act § 439 [c]; Benson v Benson, 108 Misc 2d 892, 894). (Appeal from judgment of Supreme Court, Herkimer County, O’Donnell, J. — art 78.) Present—Dillon, P. J., Callahan, Doerr, Green and Davis, JJ.