KASSEL v. KASSEL

Index No. 350018/11. Appeal Nos. 15416-15417. Case Nos. 2021-00063, 2021-00088.

203 A.D.3d 434 (2022)

160 N.Y.S.3d 596

2022 NY Slip Op 01392

Deborah Kassel, Appellant, v. Richard Kassel, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 3, 2022.


Attorney(s) appearing for the Case

Karfenist Kraut & Perlstein LLP, Lake Success ( Steven J. Harfenist of counsel), for appellant.

The Virdone Law Firm, P.C., Westbury ( John Virdone of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.


Upon a review of the record, we find that the mother never argued before Family Court that the father was not entitled to a downward modification of his support obligations because he would have access to his share of the net proceeds from the sale of the former marital apartment upon their child's emancipation when she turned twenty-one. The parties' stipulation of settlement and agreement dated February 26, 2013 sets forth that the child would be emancipated when she turned...

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