Matter of Brennan v. Burger, 2008-06128.

• Decision Date: 16 June 2009
• Docket Number: Docket No. F-00658-04.,2008-06128.,2008-06130.,2008-06129.
• Parties: In the Matter of FAITH BRENNAN, Respondent, v. CHRISTOPHER BURGER, Appellant.
• Court: New York Supreme Court — Appellate Division

63 A.D.3d 922

882 N.Y.S.2d 181

2009 NY Slip Op 05121

In the Matter of FAITH BRENNAN, Respondent, v. CHRISTOPHER BURGER, Appellant.

2008-06128.

2008-06129.

2008-06130.

Docket No. F-00658-04.

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

Decided June 16, 2009.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Rockland County (Miklitsch, S.M.), dated November 26, 2007, as, after a hearing, denied his petition for a downward modification of his child support obligation and granted that branch of the mother's petition which was to adjudicate him in willful violation of a support order dated October 12, 2006, (2) from an order of commitment of the same court (Apotheker, J.), dated December 12, 2007, which, upon the finding that he willfully violated the support order dated October 12, 2006, committed him to the Rockland County jail for a term of imprisonment of three months with the opportunity to purge the contempt by payment of the sum of $2,000, and (3) from an order of the same court (Christopher, J.), dated May 20, 2008, which denied his objection to so much of the order dated November 26, 2007, as, after a hearing, denied his petition for a downward modification of his child support obligation.

Ordered that the appeal from so much of the order dated November 26, 2007, as, after a hearing, denied the father's petition for a downward modification, is dismissed, without costs or disbursements, as that portion of that order was superseded by the order dated May 20, 2008; and it is further,

Ordered that the appeal from the order of commitment is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order dated November 26, 2007, is reversed insofar as reviewed, without costs or disbursements, and that branch of the mother's petition which was to adjudicate the father in willful violation of the child support order dated October 12, 2006, is denied; and it is further,

Ordered that the order dated May 20, 2008, is reversed, on the law and the facts, without costs or disbursements, the father's objection is sustained, so much of the order dated November 26, 2007, as, after a hearing, denied his petition for downward modification is vacated, and the matter is remitted to the Family Court, Rockland County, for further proceedings consistent herewith.

By order dated October 12, 2006, the father's support obligation was increased...