Gometz v. Gometz

Appellate Division of the Supreme Court of New York

Gometz v. Gometz

187 A.D.2d 402, 590 N.Y.S.2d 708, 1992 N.Y. App. Div. LEXIS 13346

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

DecidedNovember 24, 1992

StatusPublished

Cited by1 cases

This text of 187 A.D.2d 402 (Gometz v. Gometz) 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

Gometz v. Gometz, 187 A.D.2d 402, 590 N.Y.S.2d 708, 1992 N.Y. App. Div. LEXIS 13346 (N.Y. Ct. App. 1992).

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Opinion

Appeal from decision of the Supreme Court, Bronx County (Thomas V. La Fauci, J.H.O.), which denied defendant’s motion for a downward modification of child support, unanimously dismissed, without costs.

The application to modify the award of $100 per week was [403]*403denied in a decision but never reduced to an order from which an appeal was taken, and thus the appeal is not properly before this Court and must be dismissed. In any event, were we to reach the merits, we would affirm. Contrary to defendant’s contention, the criteria set forth in the Child Support Standards Act (Domestic Relations Law § 240 [1-b]) may not be considered or applied since the trial of this matter took place before the effective date of that statute and defendant fails to demonstrate a sufficient change of circumstances otherwise warranting a modification of child support (Domestic Relations Law § 240 [1-b] [l]). Concur—Milonas, J. P., Ellerin, Ross and Asch, JJ.

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Appeal from decision of the Supreme Court, Bronx County (Thomas V. La Fauci, J.H.O.), which denied defendant’s motion for a downward modification of child support, unanimously dismissed, without costs.

The application to modify the award of $100 per week was [403]*403denied in a decision but never reduced to an order from which an appeal was taken, and thus the appeal is not properly before this Court and must be dismissed. In any event, were we to reach the merits, we would affirm. Contrary to defendant’s contention, the criteria set forth in the Child Support Standards Act (Domestic Relations Law § 240 [1-b]) may not be considered or applied since the trial of this matter took place before the effective date of that statute and defendant fails to demonstrate a sufficient change of circumstances otherwise warranting a modification of child support (Domestic Relations Law § 240 [1-b] [l]). Concur—Milonas, J. P., Ellerin, Ross and Asch, JJ.

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Bluebook (online)

187 A.D.2d 402, 590 N.Y.S.2d 708, 1992 N.Y. App. Div. LEXIS 13346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gometz-v-gometz-nyappdiv-1992.

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