Severing v. Severing, 97 A.D.3d 956 (N.Y. App. Div. 2012). · Go Syfert
Severing v. Severing, 97 A.D.3d 956 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) Curley v. Curley
N.Y. App. Div. · 2021 · confidence medium
Severing v Severing , 97 AD3d 956, 957 [2012]) and, in any event, such argument has previously been rejected by this Court ( see Holloway v Holloway , 307 AD2d at 407 ).
discussed Cited as authority (rule) Johnston v. Johnston
N.Y. App. Div. · 2017 · confidence medium
Further, although the wife challenges the constitutionality of Domestic Relations Law § 170 (7) on various grounds, she failed to raise these arguments before Supreme Court and, thus, they are unpreserved for our review (see Carvalho v Carvalho, 140 AD3d 1544 , 1549 n 3 [2016]; Severing v Severing, 97 AD3d 956, 957 [2012]).
discussed Cited as authority (rule) Kimberly C. v. Christopher C.
N.Y. App. Div. · 2017 · confidence medium
This contention is unpreserved, as the husband made no objection or argument on this ground at trial (see Severing v Severing, 97 AD3d 956, 957 [2012]; Hollis v Hollis, 188 AD2d 960 , 961 n 2 [1992]).
discussed Cited as authority (rule) Matter of Worfel v. Kime
N.Y. App. Div. · 2017 · confidence medium
Finally, the father’s contention that his request to call his father as a witness was improperly denied is unpreserved for our review, as this issue is raised for the first time upon appeal (see Matter of Porter v D'Adamo, 113 AD3d 908 , 910 [2014]; Severing v Severing, 97 AD3d 956, 957 [2012]).
discussed Cited as authority (rule) Curley v. Curley
N.Y. App. Div. · 2017 · confidence medium
Accordingly, because the husband’s argument is raised for the first time on appeal, it is not properly before us (see Esposito v Podolsky, 104 AD3d 903, 905 [2013]; Severing v Severing, 97 AD3d 956, 957 [2012]; Dudla v Dudla, 304 AD2d 1009, 1010 [2003]).
discussed Cited as authority (rule) Curley v. Curley
N.Y. App. Div. · 2017 · confidence medium
Accordingly, because the husband’s argument is raised for the first time on appeal, it is not properly before us (see Esposito v Podolsky, 104 AD3d 903, 905 [2013]; Severing v Severing, 97 AD3d 956, 957 [2012]; Dudla v Dudla, 304 AD2d 1009, 1010 [2003]).
discussed Cited as authority (rule) Alecca v. Alecca
N.Y. App. Div. · 2013 · confidence medium
The husband concedes, however, that this issue was not preserved for review by timely objection or motion in Supreme Court (see Severing v Severing, 97 AD3d 956, 957 [2012]; Dudla v Dudla, 304 AD2d 1009, 1010 [2003]; compare St.
discussed Cited as authority (rule) Alecca v. Alecca
N.Y. App. Div. · 2013 · confidence medium
The husband concedes, however, that this issue was not preserved for review by timely objection or motion in Supreme Court (see Severing v Severing, 97 AD3d 956, 957 [2012]; Dudla v Dudla, 304 AD2d 1009, 1010 [2003]; compare St.
discussed Cited as authority (rule) Cranston v. Horton
N.Y. App. Div. · 2012 · confidence medium
As these issues were not addressed by the Support Magistrate or Family Court, we will not entertain them on appeal (see Severing v Severing, 97 AD3d 956, 957 [2012]; Matter of Christiani v Rhody, 90 AD3d 1090, 1091 [2011], lv denied 18 NY3d 809 [2012]).
discussed Cited as authority (rule) Cranston v. Horton
N.Y. App. Div. · 2012 · confidence medium
As these issues were not addressed by the Support Magistrate or Family Court, we will not entertain them on appeal (see Severing v Severing, 97 AD3d 956, 957 [2012]; Matter of Christiani v Rhody, 90 AD3d 1090, 1091 [2011], lv denied 18 NY3d 809 [2012]).
Retrieving the full opinion text from the archive…
Patrick Michael Severing
v.
Denise Michelle Severing
Appellate Division of the Supreme Court of the State of New York.
Jul 12, 2012.
97 A.D.3d 956
Kavanagh.
Cited by 11 opinions  |  Published
Kavanagh, J.

In February 2000, a judgment of divorce incorporated by reference, but did not merge, the parties’ December 1999 stipulation of settlement, which required plaintiff (hereinafter the husband) to pay $287 per week in child support. In May 2001, defendant (hereinafter the wife) moved by order to show cause to hold the husband in contempt for failing to make these child support payments.* As a result, Supreme Court (Kane, J.), issued an order, on consent, which directed the husband to pay $287 per week in child support through the child support collection unit.

Some 10 years later, the wife, in May 2011, filed a petition alleging that the husband failed to make the required child support payments and owed nearly $10,000 in arrears. In response, the husband moved to vacate that part of the stipulation that required him to pay child support arguing that it did not comply with the Child Support Standards Act (see Domestic Relations Law § 240 [1-b] [hereinafter CSSA]). Supreme Court (Cahill, J.) denied the husband’s motion, prompting this appeal.

We affirm. The parties’ oral stipulation, which was placed on the record by the husband’s counsel, stated that the provision requiring child support was consistent with the CSSA and each party informed Supreme Court that they understood that the amount of child support to be paid by the husband was consistent with the CSSA guidelines. Further, the husband’s counsel submitted to the court a worksheet that documented how the amount to be paid by the husband for child support was calculated and how it conformed to the CSSA. As such, we reject the husband’s claim that the stipulation failed to meet the requirements of the CSSA (see Domestic Relations Law § 240 [1-b] [h]; McCarthy v McCarthy, 77 AD3d 1119, 1120 [2010]; Sullivan v Sullivan, 46 AD3d 1195, 1196-1197 [2007]). As for his contention that the calculation of his child support obligation failed to take into account certain deductions, this argument was not raised before Supreme Court and cannot be raised for the first time on appeal (see generally Matter of Marcklinger v Liebert, 72 AD3d 1431, 1433 [2010]; Matter of Van Buren v Burnett, 58 AD3d 900, 902 [2009]).

[*958] Rose, J.P., Spain, Malone Jr. and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.

The wife also filed a petition in Family Court alleging that the husband had violated the child support order.