Gillison v. Penepent
| Decision Date | 13 December 2017 |
| Docket Number | Docket No. F–3784–11/15F,2016–06825 |
| Parties | In the Matter of Ricky GILLISON, respondent, v. Georgeta PENEPENT, appellant. |
| Court | New York Supreme Court — Appellate Division |
156 A.D.3d 697
66 N.Y.S.3d 293
In the Matter of Ricky GILLISON, respondent,
v.
Georgeta PENEPENT, appellant.
2016–06825
Docket No. F–3784–11/15F
Supreme Court, Appellate Division, Second Department, New York.
Submitted–November 14, 2017
December 13, 2017
Georgeta Penepent, Rhinecliff, NY, appellant pro se.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the mother from an order of the Family Court, Dutchess County (Tracy C. MacKenzie, J.), dated May 31, 2016. The order denied the mother's objections to so much of an order of the same court (Jeanne M. Patsalos, S.M.), dated January 29, 2016, as, inter alia, after a hearing, granted the father's petition for a downward modification of his child support
obligation. The notice of appeal from the order dated January 29, 2016, is deemed to be a notice of appeal from the order dated May 31, 2016 (see CPLR 5512[a] ).
ORDERED that the order dated May 31, 2016, is reversed, on the law, with costs, the mother's objections are granted, the order dated January 29, 2016, is vacated, and the father's petition for a downward modification of his child support obligation is denied.
The mother and the father are the unmarried parents of one child. In October 2011, the Family Court entered a default order of child support against the father in the amount of $235 per week. In 2015, the father filed a petition for a downward modification of his child support obligation. The father alleged that a change of circumstances had occurred warranting modification; specifically, a loss of employment
and insufficient income. After a hearing, by order dated January 29, 2016, the Support Magistrate granted the petition and directed that the father pay child support in the biweekly amount of $164. The mother filed objections to that order, which were denied by order dated May 31, 2016. The mother appeals.
"A parent's...
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