Schmitt v. Berwitz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*605Since the order dated October 13, 1993, directs a remittal to the Hearing Examiner for further consideration, it is not a dispositional order of the Family Court subject to appeal as of right (see, Family Ct Act § 1112). Further, we note that the Hearing Examiner was without jurisdiction to determine a motion to renew and reargue (see, Family Ct Act § 439).
Family Court Act § 413 (1) (c) (3) provides that to determine the amount of the basic child support obligation where the combined parental income exceeds $80,000, "the court shall determine the amount of child support for the amount of the…
2Cases cited1 opinion
- MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
3Cited by11 opinions
- Gluckman v. QuaAppellate Division of the Supreme Court of the State of New York · 1999
- Wagner v. DunetzAppellate Division of the Supreme Court of the State of New York · 2002
- Moschetti v. MoschettiAppellate Division of the Supreme Court of the State of New York · 2000
- Wienands v. HedlundAppellate Division of the Supreme Court of the State of New York · 2003
- McCoy v. McCoyAppellate Division of the Supreme Court of the State of New York · 2013
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