Legal Opinion

Fortunato v. Murray

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 2012Published

1Opinion of the Court

In July 2008, the father filed a petition seeking a downward modification of his child support obligations based upon, inter alia, an alleged injury which hindered his ability to work. During a hearing of the matter before Support Magistrate Kathleen Walsh, the father sought to admit certain medical documents, which the Support Magistrate declined to admit into evidence on the basis that the documents constituted hearsay. In an order dated August 8, 2008, the Support Magistrate dismissed the father’s petition, with prejudice.

The father filed an objection to the Support Magistrate’s August…

2Cases cited4 opinions

  1. Wilson v. BodianAppellate Division of the Supreme Court of the State of New York · 1987
  2. Montes v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  3. Perrego v. PerregoAppellate Division of the Supreme Court of the State of New York · 2009
  4. Fortunato v. MurrayAppellate Division of the Supreme Court of the State of New York · 2010

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