Diane L. v. Martin L.
Opinion of the Court
In a proceeding to register and enforce a foreign order of child support pursuant to Domestic Relations Law § 37-a, the petitioner appeals from (1) an order of the Family Court, Nassau County (Pudalov, J.), entered September 2, 1994, which, sua sponte, vacated all previous orders of the court in the proceeding and dismissed the proceeding, and (2) an order of the same court, dated January 26, 1995, which, inter alia, denied her motion to restore the proceeding to the calendar.
Ordered that on the Court’s own motion so much of the appellant’s notice of appeal as purports to appeal from the order entered September 2,1994, which, sua sponte, vacated all previous orders of the court in the proceeding and dismissed the proceeding, is treated as an application for leave to appeal from that order, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order entered September 2, 1994, is modified by deleting the provision thereof which vacated all orders of the court in the proceeding and dismissed the proceeding, and substituting therefor a provision vacating the order which determined that the respondent had violated a pendente lite order of support of the State of New Jersey, imposed a period of incarceration, and suspended sentence; as so modified, the order entered September 2, 1994, is affirmed, without costs or disbursements; and it is further,
Ordered that the appeal from the order dated January 26, 1995, is dismissed as academic in light of this Court’s decision on the appeal from the order entered September 2, 1994.
The consent order entered in New Jersey, whereby the petitioner agreed not to seek the incarceration of the respondent for arrears of child support, essentially superseded the order imposing a period of incarceration and suspending the sentence as that order was addressed to those very arrears. The court properly vacated that order. However, by the express terms of the consent order any arrears remaining after the payment of the $7,500, were unaltered and were not vacated, and the New Jersey pendente lite order of support remained in effect. The petitioner was still entitled to enforce that order in the Family Court, Nassau County, pursuant to Domestic Relations Law § 37-a; she simply could not seek to incarcerate the respondent for arrears which had accrued prior to the consent order. Therefore, the court improperly dismissed the proceeding pursuant to Domestic Relations Law § 37-a to register and enforce the New Jersey pendente lite order of child support.
The requirements of Family Court Act § 464 apply only where the matrimonial action is in the Supreme Court of the
We have examined the parties’ remaining contentions and find them to be without merit. Rosenblatt, J. P., O’Brien, Thompson and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.