Pearson v. Pearson
| Decision Date | 23 April 1987 |
| Citation | 509 N.E.2d 324,516 N.Y.S.2d 629,69 N.Y.2d 919 |
| Parties | , 509 N.E.2d 324 In the Matter of Joan PEARSON, Appellant, v. Arthur PEARSON, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The judgment of Family Court and the prior nonfinal Appellate Division order, 108 A.D.2d 402, 489 N.Y.S.2d 332, brought up for review should be affirmed, with costs.
New York is not constitutionally required to give full faith and credit to a foreign judgment which is not final under that State's laws (see, Barber v. Barber, 323 U.S. 77, 65 S.Ct. 137, 89 L.Ed. 82; Sistare v. Sistare, 218 U.S. 1, 16, 30 S.Ct. 682, 686, 54 L.Ed. 905 and the New Hampshire judgment at issue here is not final since it is modifiable under New Hampshire law (see, N.H.Rev.Stat.Annot. § 458:19; Morphy v. Morphy, 112 N.H. 507, 298 A.2d 580). Family Court, by granting petitioner's application pursuant to Family Court Act § 466(c)(i) for an order enforcing the instant foreign judgment, did not in the circumstances of this case convert it into a New York decree. The powers of Family Court are restricted to those authorized by the language of the statute (Matter of Silver v. Silver, 36 N.Y.2d 324, 326, 367 N.Y.S.2d 777, 327 N.E.2d 816). Here, where petitioner merely sought an order enforcing the New Hampshire decree pursuant to Family Court Act § 466(c)(i) rather than an order modifying it pursuant to section 466(c)(ii), the Family Court enforcement order operated only to enforce the provisions of the foreign decree in accordance with its express terms and not to renew, extend or modify the alimony provision. Thus, upon the expiration of the underlying alimony obligation after three years, there was no longer any obligation in respect thereto under the terms of the order of the issuing State. Thus, Family Court had no authority to act on the decree after its stated expiration date (Matter of Silver v. Silver, supra; Wertheimer v. Wertheimer, 50 A.D.2d 879, 376 N.Y.S.2d 638, appeal dismissed 39 N.Y.2d 741, 384 N.Y.S.2d 775, 349 N.E.2d 875). Nor could the mere enforcement of the alimony award by the New York Family Court extend the duration of the award under the law of New Hampshire (see, Clevesy v. Clevesy, 118 N.H. 112, 383 A.2d 705).
TITONE, J., taking no part.
Judgment appealed...
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...faith and credit need not be given to a foreign judgment that is not final under that State's laws (see, Matter of Pearson v. Pearson, 69 N.Y.2d 919, 516 N.Y.S.2d 629, 509 N.E.2d 324). Parenthetically, we add that we disagree with the Pennsylvania court's construction of the Interstate Comp......
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