Tarpey v. Tarpey
| Decision Date | 11 July 2018 |
| Docket Number | 2017–07781,Docket No. F–14737–16 |
| Citation | 81 N.Y.S.3d 426,163 A.D.3d 687 |
| Parties | In the Matter of Francine TARPEY, respondent, v. James A. TARPEY, appellant. |
| Court | New York Supreme Court — Appellate Division |
163 A.D.3d 687
81 N.Y.S.3d 426
In the Matter of Francine TARPEY, respondent,
v.
James A. TARPEY, appellant.
2017–07781
Docket No. F–14737–16
Supreme Court, Appellate Division, Second Department, New York.
Submitted—June 4, 2018
July 11, 2018
Petroske Riezenman & Meyers, P.C., Hauppauge, N.Y. (Clifford J. Petroske of counsel), for appellant.
Laura C. Golightly, Hauppauge, NY, for respondent.
JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Anthony S. Senft, Jr., J.), dated June 26, 2017. The order denied the father's objections to (1) an order of the same court (Darlene Jorif–Mangane, S.M.) dated April 20, 2017, which granted the mother's petition for an upward modification of the father's child support obligation, and (2) an order of the same court (Darlene Jorif–Mangane, S.M.), also dated April 20, 2017, which granted the mother's
application for attorney's fees in the principal sum of $1,950.
ORDERED that the order dated June 26, 2017, is reversed, on the law and the facts, with costs, the father's objections to the orders dated April 20, 2017, are granted, the orders dated April 20, 2017, are vacated, the mother's petition for an upward modification of the father's child support obligation is denied, and the mother's application for attorney's fees is denied.
Francine Tarpey (hereinafter the mother) and James Tarpey (hereinafter the father) married on February 14, 1998, have three children, and were divorced on March 10, 2010. The parties' stipulation of settlement and custody were incorporated but not merged into the judgment of divorce. Pursuant to the stipulation, the parties were to share residential custody of the children. In 2016, the mother petitioned for an upward modification of the father's child support obligation on the ground that the mother now had full residential custody of the children and was paying for all of the children's expenses. The mother also sought attorney's fees. In an order dated April 20, 2017, the Support Magistrate, after a hearing, granted the mother's petition for an upward modification of the father's child support obligation. In a second order dated April 20, 2017, the Support Magistrate granted the mother's application for attorney's fees in the principal sum of $1,950. The father objected to these orders, and in an order dated June 26, 2017, the Family Court denied his objections. The father appeals from the order denying his objections.
1"A party seeking to modify the support provisions contained in a stipulation of...
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Coward v. Biddle
...evidenced substantial compliance with 22 NYCRR 1400.2 and 1400.3 with respect to her billing practices (see Matter of Tarpey v. Tarpey, 163 A.D.3d 687, 688–689, 81 N.Y.S.3d 426 ; Gottlieb v. Gottlieb, 101 A.D.3d 678, 679, 957 N.Y.S.2d 132 ; Gahagan v. Gahagan, 51 A.D.3d 863, 864, 859 N.Y.S.......
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Coward v. Biddle
... ... substantial compliance with 22 NYCRR 1400.2 and 1400.3 with ... respect to her billing practices (see Matter of Tarpey" v ... Tarpey, 163 A.D.3d 687, 688-689; Gottlieb v ... Gottlieb, 101 A.D.3d 678, 679; Gahagan v ... Gahagan, 51 A.D.3d 863, 864) ... \xC2" ... ...
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K.T. v. M.T.
...of Tarpey v Tarpey (163 A.D.3d 687, 81 N.Y.S.3d 426 [2d Dept 2018]) reversed the denial of objections to an award of attorneys fees. In Tarpey, like Gottleib, the movant's motion papers did not show substantial compliance with the long-ago enacted regulations, and the Second Department vaca......
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Yakobowicz v. Yakobowicz
... ... to demonstrate substantial compliance with 22 NYCRR 1400.2 ... and 1400.3 (see Bauman v Bauman, 208 A.D.3d 624, ... 626-627; Matter of Tarpey v Tarpey, 163 A.D.3d 687, ... 688-689; Montoya v Montoya, 143 A.D.3d 865, 866), ... and to establish the "extent and value of [the] ... services" ... ...