Eldridge v. Eldridge

Full title: ROXANNE ELDRIDGE, Respondent, v. STEPHEN ELDRIDGE, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 10, 1996

228 A.D.2d 473 (N.Y. App. Div. 1996)

643 N.Y.S.2d 1021

Opinion

June 10, 1996

Appeal from the Supreme Court, Westchester County (Coppola, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant "failed to proffer any evidence of affirmative conduct demonstrating a waiver of [the plaintiff's] legal rights" (Mattera v. Mattera, 214 A.D.2d 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 A.D.2d 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.