Mattera v. Mattera

Appellate Division of the Supreme Court of New York

Mattera v. Mattera

223 A.D.2d 592, 637 N.Y.S.2d 309, 1996 N.Y. App. Div. LEXIS 244

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

DecidedJanuary 16, 1996

StatusPublished

This text of 223 A.D.2d 592 (Mattera v. Mattera) 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

Mattera v. Mattera, 223 A.D.2d 592, 637 N.Y.S.2d 309, 1996 N.Y. App. Div. LEXIS 244 (N.Y. Ct. App. 1996).

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Opinion

In a proceeding pursuant to CPLR article 4 to correct a mistake of fact in an income execution issued pursuant to CPLR 5241, the petitioner appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), dated November 10, 1994, which denied the petition.

Ordered that the order is modified by deleting the provision thereof which denied the branch of the petition which was to correct the calculation of interest on the arrears owed by the petitioner and substituting therefor a provision granting that branch of the petition; as so modified, the order is affirmed, with costs, for reasons stated by Justice O’Brien at the Supreme Court, and the matter is remitted to the Supreme Court, Nassau County, to correct the income execution in accordance with this Court’s order in Mattera v Mattera (214 AD2d 544). Balletta, J. P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.

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In a proceeding pursuant to CPLR article 4 to correct a mistake of fact in an income execution issued pursuant to CPLR 5241, the petitioner appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), dated November 10, 1994, which denied the petition.

Ordered that the order is modified by deleting the provision thereof which denied the branch of the petition which was to correct the calculation of interest on the arrears owed by the petitioner and substituting therefor a provision granting that branch of the petition; as so modified, the order is affirmed, with costs, for reasons stated by Justice O’Brien at the Supreme Court, and the matter is remitted to the Supreme Court, Nassau County, to correct the income execution in accordance with this Court’s order in Mattera v Mattera (214 AD2d 544). Balletta, J. P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.

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Bluebook (online)

223 A.D.2d 592, 637 N.Y.S.2d 309, 1996 N.Y. App. Div. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattera-v-mattera-nyappdiv-1996.

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