Opinion
CA 03-00748.
December 31, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Monroe County (Siracuse, J.), entered December 2, 2002, which, inter alia, declared that respondent is barred from recovering certain child support arrears.
CHARLES S. TURNER, COUNTY ATTORNEY, ROCHESTER (SHELA FERO GIESS OF COUNSEL), FOR RESPONDENT-APPELLANT.
LINSNER, SESSLER DYS, LIVONIA (STEVEN D. SESSLER OF COUNSEL), FOR PETITIONER-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly declared that respondent is barred from recovering child support arrears that accrued more than six years prior to the date on which petitioner's ex-wife filed a petition in Family Court seeking recovery of child support arrears. The arrearages arose under a divorce decree entered in March 1987, prior to the effective date of CPLR 211 (e), and are thus subject to the six-year limitations period set forth in CPLR 213 (1) ( see Shavit v. Shavit, 279 A.D.2d 180, 183, lv denied 96 N.Y.2d 719; Thurmond v. Thurmond, 155 A.D.2d 527, 530; see also Matter of Dox v. Tynon, 90 N.Y.2d 166, 176). Finally, the court properly determined that respondent must apply the payments made by petitioner in the manner set forth in 18 NYCRR 347.13.