LAW.coLAW.co

Roxanne Eldridge, Respondent, v. Stephen Eldridge, Appellant

New York Supreme Court, Appellate Division1996-06-10
228 A.D.2d 473643 N.Y.S.2d 1021

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The defendant "failed to proffer any evidence of affirmative conduct demonstrating a waiver of [the plaintiff’s] legal rights” (Mattera v Mattera, 214 AD2d 544, 545). The defendant had no right to a hearing on his conclusory allegations respecting the plaintiff’s supposed waiver of her right to child support payments (see, Domestic Relations Law § 244; Mattera v Mattera, supra; Mitchell v Mitchell, 170 AD2d 585).

We have examined the appellant’s remaining contentions and find them to be without merit. Bracken, J. P., O’Brien, Krausman and Florio, JJ., concur.