Julius v. Julius

Appellate Division of the Supreme Court of New York

Julius v. Julius

70 A.D.2d 913, 417 N.Y.S.2d 213, 1979 N.Y. App. Div. LEXIS 12502

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

DecidedJune 11, 1979

StatusPublished

This text of 70 A.D.2d 913 (Julius v. Julius) 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

Julius v. Julius, 70 A.D.2d 913, 417 N.Y.S.2d 213, 1979 N.Y. App. Div. LEXIS 12502 (N.Y. Ct. App. 1979).

Pincite

Opinion

— The appeal is from an order of the Family Court, Nassau County, entered December 29, 1978, which granted petitioner’s application to modify a prior order of support. Order reversed, without costs or disbursements, and matter remanded to the Family Court, Nassau County, for further proceedings consistent herewith. The petitioner sought modification of an order dated May 28, 1975. The court, by its order, instead modified an order dated October 25, 1973. Said modification was clearly erroneous since it was not requested. Whether the order dated May 28, 1975 should be modified is a determination that should initially be made by the Family Court. Accordingly, we remand the matter to that court so that it can address itself to that issue. Rabin, J. P., Gulotta, Martuscello and Mangano, JJ., concur.

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— The appeal is from an order of the Family Court, Nassau County, entered December 29, 1978, which granted petitioner’s application to modify a prior order of support. Order reversed, without costs or disbursements, and matter remanded to the Family Court, Nassau County, for further proceedings consistent herewith. The petitioner sought modification of an order dated May 28, 1975. The court, by its order, instead modified an order dated October 25, 1973. Said modification was clearly erroneous since it was not requested. Whether the order dated May 28, 1975 should be modified is a determination that should initially be made by the Family Court. Accordingly, we remand the matter to that court so that it can address itself to that issue. Rabin, J. P., Gulotta, Martuscello and Mangano, JJ., concur.

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Bluebook (online)

70 A.D.2d 913, 417 N.Y.S.2d 213, 1979 N.Y. App. Div. LEXIS 12502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/julius-v-julius-nyappdiv-1979.