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Rosana R. v. James M.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 15, 2009

IN RE ROSANA R., PETITIONER-APPELLANT,
v.
JAMES M., RESPONDENT-RESPONDENT.

Order, Family Court, New York County (Maureen McLeod, J.), entered on or about March 31, 2008, which denied petitioner's objections to the October 16, 2007 order of the Support Magistrate, dismissing her petition that sought to modify a prior order of child support to the extent of annulling the amount owed in arrears, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Sweeny, Freedman, Abdus-Salaam, JJ.

The petition was properly dismissed, since Family Ct Act § 451 precludes the court from "reduc[ing] or annul[ing] 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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091215

© 1992-2009 VersusLaw Inc.



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