Graves v. Smith

Appellate Division of the Supreme Court of New York

Graves v. Smith

213 A.D.2d 482, 624 N.Y.S.2d 893, 1995 N.Y. App. Div. LEXIS 2651

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

DecidedMarch 13, 1995

StatusPublished

Cited by1 cases

This text of 213 A.D.2d 482 (Graves v. Smith) 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

Graves v. Smith, 213 A.D.2d 482, 624 N.Y.S.2d 893, 1995 N.Y. App. Div. LEXIS 2651 (N.Y. Ct. App. 1995).

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Opinion

—In a support proceeding pursuant to Family Court Act article 4 in which the father sought a downward modification of his child support obligations under an order dated July 11, 1991, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (Pearce, J.), dated March 15, 1993, as denied his petition.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father’s contention, the court did not improvidently exercise its discretion in denying his petition for a downward modification of his child support obligations since the reversal in his financial condition was brought about by his own actions (see, Matter of Doscher v Doscher, 80 AD2d 945, affd 54 NY2d 655; Hickland v Hickland, 39 NY2d 1, cert denied 429 US 941; Matter of Knights v Knights, 71 NY2d 865). Balletta, J. P., Thompson, Santucci, Altman and Hart, JJ., concur.

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—In a support proceeding pursuant to Family Court Act article 4 in which the father sought a downward modification of his child support obligations under an order dated July 11, 1991, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (Pearce, J.), dated March 15, 1993, as denied his petition.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father’s contention, the court did not improvidently exercise its discretion in denying his petition for a downward modification of his child support obligations since the reversal in his financial condition was brought about by his own actions (see, Matter of Doscher v Doscher, 80 AD2d 945, affd 54 NY2d 655; Hickland v Hickland, 39 NY2d 1, cert denied 429 US 941; Matter of Knights v Knights, 71 NY2d 865). Balletta, J. P., Thompson, Santucci, Altman and Hart, JJ., concur.

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Bluebook (online)

213 A.D.2d 482, 624 N.Y.S.2d 893, 1995 N.Y. App. Div. LEXIS 2651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-smith-nyappdiv-1995.

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