Jonasse v. Jonasse

Appellate Division of the Supreme Court of New York

Jonasse v. Jonasse

116 A.D.2d 997, 498 N.Y.S.2d 1015, 1986 N.Y. App. Div. LEXIS 51773

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

DecidedJanuary 24, 1986

StatusPublished

Cited by2 cases

This text of 116 A.D.2d 997 (Jonasse v. Jonasse) 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

Jonasse v. Jonasse, 116 A.D.2d 997, 498 N.Y.S.2d 1015, 1986 N.Y. App. Div. LEXIS 51773 (N.Y. Ct. App. 1986).

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Opinion

— Order unanimously reversed, on the law, without [998]*998costs, petition reinstated, and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with the following memorandum: Defendant’s application for an upward modification of child support based on the age of the children and an increase in the cost of living (see, Matter of Brescia v Fitts, 56 NY2d 132, 139-140; cf. Matter of Boden v Boden, 42 NY2d 210) should not have been denied without a hearing inasmuch as the moving papers raise disputed issues of fact (see, Van Niel v Van Niel, 93 AD2d 986). We remit this matter, therefore, so that the court may conduct a hearing to determine whether the alleged changes warrant modification (see, Huber v Huber, 59 AD2d 1063; Matter of Monesi v Monesi, 55 AD2d 1020; Rollins v Rollins, 33 AD2d 990). (Appeal from order of Supreme Court, Monroe County, Siracuse, J. — child support.) Present — Callahan, J. P., Doerr, Green, O’Donnell and Pine, JJ.

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— Order unanimously reversed, on the law, without [998]*998costs, petition reinstated, and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with the following memorandum: Defendant’s application for an upward modification of child support based on the age of the children and an increase in the cost of living (see, Matter of Brescia v Fitts, 56 NY2d 132, 139-140; cf. Matter of Boden v Boden, 42 NY2d 210) should not have been denied without a hearing inasmuch as the moving papers raise disputed issues of fact (see, Van Niel v Van Niel, 93 AD2d 986). We remit this matter, therefore, so that the court may conduct a hearing to determine whether the alleged changes warrant modification (see, Huber v Huber, 59 AD2d 1063; Matter of Monesi v Monesi, 55 AD2d 1020; Rollins v Rollins, 33 AD2d 990). (Appeal from order of Supreme Court, Monroe County, Siracuse, J. — child support.) Present — Callahan, J. P., Doerr, Green, O’Donnell and Pine, JJ.

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Bluebook (online)

116 A.D.2d 997, 498 N.Y.S.2d 1015, 1986 N.Y. App. Div. LEXIS 51773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jonasse-v-jonasse-nyappdiv-1986.

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