Legal Opinion

Eldridge v. Eldridge

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

Decided June 10, 1996PublishedCited by 2 opinions

1Opinion of the Court

The defendant "failed to proffer any evidence of affirmative conduct demonstrating a waiver of [the plaintiff’s] legal rights” (Mattera v Mattera, 214 AD2d 544, 545). The defendant had no right to a hearing on his conclusory allegations respecting the plaintiff’s supposed waiver of her right to child support payments (see, Domestic Relations Law § 244; Mattera v Mattera, supra; Mitchell v Mitchell, 170 AD2d 585).

We have examined the appellant’s remaining contentions and find them to be without merit. Bracken, J. P., O’Brien, Krausman and Florio, JJ., concur.

2Cases cited2 opinions

  1. Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1991
  2. Mattera v. MatteraAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. Gleason v. GleasonAppellate Division of the Supreme Court of the State of New York · 1998
  2. Barrio v. MontanezAppellate Division of the Supreme Court of the State of New York · 2010