Gabrelian v. Gabrelian

Appellate Division of the Supreme Court of New York

Gabrelian v. Gabrelian

119 A.D.2d 727, 501 N.Y.S.2d 603, 1986 N.Y. App. Div. LEXIS 55651

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

DecidedApril 21, 1986

StatusPublished

This text of 119 A.D.2d 727 (Gabrelian v. Gabrelian) 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

Gabrelian v. Gabrelian, 119 A.D.2d 727, 501 N.Y.S.2d 603, 1986 N.Y. App. Div. LEXIS 55651 (N.Y. Ct. App. 1986).

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Opinion

— In a proceeding for downward modification of support, the petitioner husband appeals from an order of the Family Court, Suffolk County (Doyle, J.), entered January 8, 1985, which granted the respondent wife’s motion to dismiss, with leave to renew upon a showing of compliance with an order of the Supreme Court, Suffolk County, entered November 10, 1983, enjoining the petitioner from commencing any further proceedings against the respondent until a $500 fine and previously awarded legal fees are paid.

Appeal dismissed as moot, without costs or disbursements:

Subsequent to the making of the order appealed from, this court reversed the order of the Supreme Court, Suffolk County, entered November 10, 1983, insofar as appealed from, so as to strike the $500 fine (Gabrelian v Gabrelian, 108 AD2d 445, appeal dismissed 66 NY2d 741), the petitioner established compliance with the previously directed legal fee awards, and the Family Court held a hearing on his petition for downward modification resulting in an order granting a limited reduction in support payments. Hence, the petitioner has already secured the hearing he seeks and the appeal is dismissed as moot. Mangano, J. P., Gibbons, Weinstein, Fiber and Spatt, JJ., concur.

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— In a proceeding for downward modification of support, the petitioner husband appeals from an order of the Family Court, Suffolk County (Doyle, J.), entered January 8, 1985, which granted the respondent wife’s motion to dismiss, with leave to renew upon a showing of compliance with an order of the Supreme Court, Suffolk County, entered November 10, 1983, enjoining the petitioner from commencing any further proceedings against the respondent until a $500 fine and previously awarded legal fees are paid.

Appeal dismissed as moot, without costs or disbursements:

Subsequent to the making of the order appealed from, this court reversed the order of the Supreme Court, Suffolk County, entered November 10, 1983, insofar as appealed from, so as to strike the $500 fine (Gabrelian v Gabrelian, 108 AD2d 445, appeal dismissed 66 NY2d 741), the petitioner established compliance with the previously directed legal fee awards, and the Family Court held a hearing on his petition for downward modification resulting in an order granting a limited reduction in support payments. Hence, the petitioner has already secured the hearing he seeks and the appeal is dismissed as moot. Mangano, J. P., Gibbons, Weinstein, Fiber and Spatt, JJ., concur.

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Bluebook (online)

119 A.D.2d 727, 501 N.Y.S.2d 603, 1986 N.Y. App. Div. LEXIS 55651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gabrelian-v-gabrelian-nyappdiv-1986.

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