Terekhina v. Terekhin

• Decision Date: 08 November 2017
• Citation: 64 N.Y.S.3d 86,155 A.D.3d 750
• Parties: In the Matter of Liubov TEREKHINA, respondent, v. German TEREKHIN, appellant.
• Court: New York Supreme Court — Appellate Division

155 A.D.3d 750
64 N.Y.S.3d 86

In the Matter of Liubov TEREKHINA, respondent,
v.
German TEREKHIN, appellant.

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

Nov. 8, 2017.

64 N.Y.S.3d 87

Inessa Spevakova, Brooklyn, NY, for appellant.

Yonatan S. Levoritz, New York, NY, for respondent.

REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, ROBERT J. MILLER, and COLLEEN D. DUFFY, JJ.

155 A.D.3d 750

Appeal by the father from an order of the Family Court, Richmond County (Helene D. Sacco, J.), dated April 7, 2017. The order denied the father's objections to an order of that court (Gregory L. Gliedman, S.M.) dated January 3, 2017, which denied his motion pursuant to CPLR 5015(a)(3) to vacate an order of that court dated August 5, 2013, and an amended order of that court dated June 26, 2015.

ORDERED that the order dated April 7, 2017, is affirmed, with costs.

The parties have two children together. On August 21, 2012, the mother filed a petition seeking child support from the father. In an order of support, dated August 5, 2013 (hereinafter the 2013 support order), upon the father's default in appearing at a hearing, the Support Magistrate awarded the mother basic child support and child care expenses in the total sum of $5,005.70 per month retroactive to August 21, 2012. The Support Magistrate also awarded the mother retroactive arrears in the sum of $30,211.07.

Thereafter, the Support Magistrate granted the father's motion

155 A.D.3d 751

to vacate the 2013 support order and scheduled a new hearing for December 9, 2014. Upon the father's failure to appear at the new hearing, the Support Magistrate issued an order of support dated December 9, 2014, upon default, reinstating the 2013 support order. The Support Magistrate thereafter issued an amended order of support dated June 26, 2015 (hereinafter the 2015 amended support order), which directed the father to...