Jose R. v. Yvette-Ortiz M.

• Decision Date: 02 December 2014
• Docket Number: 13633
• Citation: 999 N.Y.S.2d 1,123 A.D.3d 412,2014 N.Y. Slip Op. 08371
• Parties: In re JOSE R., Petitioner–Appellant, v. YVETTE–ORTIZ M., Respondent–Respondent.
• Court: New York Supreme Court — Appellate Division

123 A.D.3d 412

999 N.Y.S.2d 1

2014 N.Y. Slip Op. 08371

In re JOSE R., Petitioner–Appellant

v.YVETTE–ORTIZ M., Respondent–Respondent.

13633

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

Dec. 2, 2014.

Robert Litwack, Forest Hills, for appellant.

MAZZARELLI, J.P., ACOSTA, SAXE, CLARK, KAPNICK, JJ.

Opinion

Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about April 19, 2013, which denied petitioner father's objection to the Support Magistrate's January 18, 2013 order dismissing his petition seeking child support from respondent mother, unanimously affirmed, without costs.

The mother met her burden of showing that she should be relieved of her support obligation, because the parties' 18–year–old son was constructively emancipated (see Matter of Jurgielewicz v. Johnston, 114 A.D.3d 945, 981 N.Y.S.2d 733 [2d Dept.2014] ; cf. Schneider v. Schneider, 116 A.D.2d 714, 498 N.Y.S.2d 23 [2d Dept.1986] ). The record shows that in the months before this proceeding was commenced, and throughout the following year, the son refused to speak with the mother without explanation. During the same period, the mother made efforts to maintain a relationship with him, calling him and sending letters and cards, but he would not respond. There is no evidence that it was the mother that caused the deterioration in the relationship (see Matter of Roe v. Doe, 29 N.Y.2d 188, 194, 324 N.Y.S.2d 71, 272 N.E.2d 567 [1971] ; Matter of Chamberlin v. Chamberlin, 240 A.D.2d 908, 658 N.Y.S.2d 751 [3d Dept.1997] ; compare O'Sullivan v. Katz, 81 A.D.3d 480, 916 N.Y.S.2d 93 [1st Dept.2011] ).