IN THE MATTER OF CARROLL v. SCOTT


12 A.D.3d 670 (2004)

785 N.Y.S.2d 495

In the Matter of MARY CARROLL, Respondent, v. RON SCOTT, Appellant.

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

November 29, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the objection is granted, and the proceeding is dismissed.

The Family Court was without jurisdiction to hear the petition to enforce a money judgment derived from a 1995 judgment of divorce issued under an earlier index number where there was no ongoing support proceeding and no order granting maintenance or support before it (see CPLR 5221; Family Ct Act § 466 [c]). Accordingly...

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