Gonos v. Hadzipetros, 2014-04409, Index No. 202484/13.

• Decision Date: 20 April 2016
• Docket Number: 2014-04409, Index No. 202484/13.
• Citation: 31 N.Y.S.3d 93,2016 N.Y. Slip Op. 02992,138 A.D.3d 991
• Parties: In the Matter of Nancy Anastasia GONOS, appellant, v. Emmanuel HADZIPETROS, respondent.
• Court: New York Supreme Court — Appellate Division

138 A.D.3d 991
31 N.Y.S.3d 93
2016 N.Y. Slip Op. 02992

In the Matter of Nancy Anastasia GONOS, appellant,
v.
Emmanuel HADZIPETROS, respondent.

2014-04409, Index No. 202484/13.

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

April 20, 2016.

31 N.Y.S.3d 94

Nancy Anastasia Gonos, Toronto, Ontario, Canada, appellant pro se.

Emmanuel Hadzipetros, Wantagh, N.Y., respondent pro se.

RUTH C. BALKIN, J.P., SANDRA L. SGROI, COLLEEN D. DUFFY and FRANCESCA E. CONNOLLY, JJ.

138 A.D.3d 991

Appeal from an order of the Supreme Court, Nassau County (Sondra K. Pardes, J.), dated March 6, 2014. The order granted the respondent's motion pursuant to CPLR 3211(a) to dismiss the petition.

ORDERED that the order is affirmed, with costs.

The parties were divorced by a California judgment entered on January 11, 2007. In an order of the Superior Court of California dated November 1, 2007, the former wife was awarded a certain amount of monthly spousal support. However, an order of the same court dated March 25, 2010, in effect, terminated all spousal support. At some time after the divorce, the former husband moved to Nassau County. In September 2013, the former wife commenced this proceeding pursuant to Domestic Relations Law § 236(B) to obtain maintenance following a foreign judgment of divorce (see Domestic Relations Law § 236[B][2][a] ). The former husband moved to dismiss the petition pursuant to CPLR 3211(a)(2) and (5), arguing that the Supreme Court lacked subject matter jurisdiction over the matter and that the former wife was barred under the principles of res judicata from seeking spousal maintenance in New York. The Supreme Court granted the motion on the ground that it lacked subject matter jurisdiction. The former wife appeals. We affirm, albeit on different grounds.

While the statutory framework of Domestic Relations Law § 236(B) permits a party to seek relief in the form of equitable

138 A.D.3d 992

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