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Phelan v. Phelan

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 693 (N.Y. App. Div. 1997)

Opinion

October 27, 1997

Appeal from Supreme Court, Dutchess County (Jiudice, J.).


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

The Referee properly determined that the plaintiff's outstanding child support obligation was $25 per child per week. A decision of the Family Court, Dutchess County, dated June 10, 1982, made in a prior support and custody proceeding, directed the plaintiff to pay child support in the amount of $25 per child per week. This decision was binding on all courts of coordinate jurisdiction notwithstanding that it was not embodied in a formal order ( see, Forbush v. Forbush, 115 A.D.2d 335; Spahn v. Griffith, 101 A.D.2d 1011; Matter of Silverberg v. Dillon, 73 A.D.2d 838). The decision was binding on the parties ( see, Atlas Feather Corp. v Pine Top Ins. Co., 122 A.D.2d 241, 242) and was not altered by subsequent orders in the support and custody proceeding.

Since the parties were to share the net rental income from the former marital residence, the defendant was entitled to an allowance for the expenses she paid toward mortgage interest, principal, and taxes ( see, Bailey v. Mormino, 6 A.D.2d 993). In addition, the record does not establish any basis for disturbing the defendant's allowance for repairs ( see, Wawrzusin v Wawrzusin, 212 A.D.2d 779; Worthing v. Cossar, 93 A.D.2d 515) or for the water bill and water softener ( cf., Gordon v. Schroeder, 138 Misc. 688).

Finally, under the circumstances, the defendant was properly credited for her payment of insurance premiums.

Copertino, J.P., Sullivan, Friedmann and Luciano, JJ., concur.


Summaries of

Phelan v. Phelan

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 693 (N.Y. App. Div. 1997)
Case details for

Phelan v. Phelan

Case Details

Full title:ROBERT T. PHELAN, Appellant, v. LINDA SCHWEEN PHELAN, Respondent

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

Date published: Oct 27, 1997

Citations

243 A.D.2d 693 (N.Y. App. Div. 1997)
663 N.Y.S.2d 645

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