Caldera v. Caldera

OPINION OF THE COURT

Beatrice S. Burstein, J.

This is apparently a case of first impression involving whether a contested oral agreement can be the basis for a "mistake of fact”, as that term is defined in CPLR 5241. For the reasons set forth below, this court finds that it was rational for the Department of Social Services (DSS) to conclude that an alleged oral modification of an order of support cannot give rise to a "mistake of fact”, and therefore cannot be employed to bar the issuance of the income execution provided for in the cited section.

In this CPLR article 78 proceeding the following…