Walsh v. Walsh

Appellate Division of the Supreme Court of New York

Walsh v. Walsh

55 A.D.2d 1047, 391 N.Y.S.2d 237, 1977 N.Y. App. Div. LEXIS 10405

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

DecidedJanuary 21, 1977

StatusPublished

Cited by1 cases

This text of 55 A.D.2d 1047 (Walsh v. Walsh) 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

Walsh v. Walsh, 55 A.D.2d 1047, 391 N.Y.S.2d 237, 1977 N.Y. App. Div. LEXIS 10405 (N.Y. Ct. App. 1977).

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Opinion

Judgment unanimously affirmed, with costs. Memorandum: Without statement of reasons, Special Term denied the application for modification of the child support provisions of the judgment of divorce entered in September, 1973. We find that the papers before Special Term, as shown by the record on appeal, were inadequate to support a determination. Neither the judgment sought to be modified nor the separation agreement, the terms of which were partly embodied in the judgment, was presented to the court. Moreover, although the parties set forth their respective claims of change of financial circumstances, which in various respects were in dispute, no reference was made to the needs or interests of the children; and no testimony was taken. Because of the inadequacy of the presentation, Special Term properly denied it. (Appeal from judgment of Monroe Supreme Court —support.) Present—Cardamone, J. P., Simons, Dillon, Goldman and Witmer, JJ.

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Judgment unanimously affirmed, with costs. Memorandum: Without statement of reasons, Special Term denied the application for modification of the child support provisions of the judgment of divorce entered in September, 1973. We find that the papers before Special Term, as shown by the record on appeal, were inadequate to support a determination. Neither the judgment sought to be modified nor the separation agreement, the terms of which were partly embodied in the judgment, was presented to the court. Moreover, although the parties set forth their respective claims of change of financial circumstances, which in various respects were in dispute, no reference was made to the needs or interests of the children; and no testimony was taken. Because of the inadequacy of the presentation, Special Term properly denied it. (Appeal from judgment of Monroe Supreme Court —support.) Present—Cardamone, J. P., Simons, Dillon, Goldman and Witmer, JJ.

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Bluebook (online)

55 A.D.2d 1047, 391 N.Y.S.2d 237, 1977 N.Y. App. Div. LEXIS 10405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-walsh-nyappdiv-1977.

Opinion

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