Rosana R. v. James M.

Appellate Division of the Supreme Court of New York

Rosana R. v. James M.

68 A.D.3d 544, 889 N.Y.2d 461

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 2009·Published

Opinion

[545]*545The petition was properly dismissed, since Family Ct Act § 451 precludes the court from “reducing] or annulling] child support arrears accrued prior to the making of an application pursuant to this section” (see Matter of Dox v Tynon, 90 NY2d 166, 173 [1997]; Matter of Zaid S. v Yolanda N.A.A., 24 AD3d 118 [2005]). Here, petitioner’s child support arrears were set and reduced to a money judgment in 2005, and the subject petition was brought in 2007.

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.

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[545]*545The petition was properly dismissed, since Family Ct Act § 451 precludes the court from “reducing] or annulling] child support arrears accrued prior to the making of an application pursuant to this section” (see Matter of Dox v Tynon, 90 NY2d 166, 173 [1997]; Matter of Zaid S. v Yolanda N.A.A., 24 AD3d 118 [2005]). Here, petitioner’s child support arrears were set and reduced to a money judgment in 2005, and the subject petition was brought in 2007.

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.

Rosana R. v. James M., 68 A.D.3d 544, 889 N.Y.2d 461 (N.Y. Ct. App. 2009).

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