Eldridge v. Eldridge

Appellate Division of the Supreme Court of New York

Eldridge v. Eldridge

228 A.D.2d 473, 643 N.Y.2d 1021, 643 N.Y.S.2d 1021, 1996 N.Y. App. Div. LEXIS 6600

Appellate Division of the Supreme Court of the State of New York·Decided June 10, 1996·Published·Cited by 2 cases

Opinion

The defendant "failed to proffer any evidence of affirmative conduct demonstrating a waiver of [the plaintiff’s] legal rights” (Mattera v Mattera, 214 AD2d 544, 545). The defendant had no right to a hearing on his conclusory allegations respecting the plaintiff’s supposed waiver of her right to child support payments (see, Domestic Relations Law § 244; Mattera v Mattera, supra; Mitchell v Mitchell, 170 AD2d 585).

We have examined the appellant’s remaining contentions and find them to be without merit. Bracken, J. P., O’Brien, Krausman and Florio, JJ., concur.

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The defendant "failed to proffer any evidence of affirmative conduct demonstrating a waiver of [the plaintiff’s] legal rights” (Mattera v Mattera, 214 AD2d 544, 545). The defendant had no right to a hearing on his conclusory allegations respecting the plaintiff’s supposed waiver of her right to child support payments (see, Domestic Relations Law § 244; Mattera v Mattera, supra; Mitchell v Mitchell, 170 AD2d 585).

We have examined the appellant’s remaining contentions and find them to be without merit. Bracken, J. P., O’Brien, Krausman and Florio, JJ., concur.

Eldridge v. Eldridge, 228 A.D.2d 473, 643 N.Y.2d 1021, 643 N.Y.S.2d 1021, 1996 N.Y. App. Div. LEXIS 6600 (N.Y. Ct. App. 1996).

Pincite

228 A.D.2d 473 (Eldridge v. Eldridge) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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