Camarda v. Charlot, 2018-13247

• Decision Date: 02 April 2020
• Docket Number: 2018-13247,2018-13248,Docket No. F-08229-09
• Citation: 182 A.D.3d 532,122 N.Y.S.3d 647
• Parties: In the Matter of Joseph CAMARDA, appellant, v. Marie L. CHARLOT, respondent.
• Court: New York Supreme Court — Appellate Division

182 A.D.3d 532
122 N.Y.S.3d 647

In the Matter of Joseph CAMARDA, appellant,
v.
Marie L. CHARLOT, respondent.

2018-13247
2018-13248
Docket No. F-08229-09

Supreme Court, Appellate Division, Second Department, New York.

Submitted—January 14, 2020
April 2, 2020

122 N.Y.S.3d 648

Joseph Camarda, Belle Terre, NY, appellant pro se.

JOHN M. LEVENTHAL, J.P., JOSEPH J. MALTESE, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 4, the father appeals from (1) an order of the Family Court, Suffolk County (Darlene Jorif–Mangane, S.M.), dated July 28, 2018, and (2) an order of the same court (David Morris, J.) dated September 7, 2018. The order dated July 28, 2018, granted, without a hearing, the mother's motion to dismiss the father's petition for a downward modification of his child support obligation and for an award of an attorney's fee in the amount of $2,250. The order dated September 7, 2018, denied the father's objections to the order dated July 28, 2018.

ORDERED that the appeal from the order dated July 28, 2018, is dismissed, without costs or disbursements, as that order was superseded by the order dated September 7, 2018; and it is further;

ORDERED that the order dated September 7, 2018, is modified, on the law, by deleting the provision thereof denying the father's objection to so much of the order dated July 28, 2018, as granted that branch of the mother's motion which was for an award of an attorney's fee in the amount of $2,250, and substituting therefor a provision granting that objection to the extent of vacating that portion of the order dated July 28, 2018; as so modified, the order dated September 7, 2018, is affirmed, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for a hearing to address the appropriateness of an award

122 N.Y.S.3d 649

of an attorney's fee to the mother and the amount, if any, to be awarded, and a new determination thereafter of that branch of the mother's motion.

The parties have one child together. Pursuant to a 2009 order of child support, the father is obligated to pay child support to the mother through the support collection unit. In February 2015, the father petitioned for a downward modification of his child support obligation. In an order dated December 8, 2015, after a hearing, a Support Magistrate dismissed the father's petition upon concluding that he had not established a substantial change in circumstances to warrant a downward modification of his...