Simmons v. Simmons

*961The Family Court properly granted that branch of the father’s motion which was to dismiss the mother’s petition to modify a prior order of child support nunc pro tunc on the ground of newly discovered evidence (see Family Ct Act § 451 [1]). On a prior appeal, this Court, among other things, affirmed an order of the Family Court denying the mother’s objections to an order which denied her motion to modify the prior support order (see Matter of Simmons v Simmons, 71 AD3d 775 [2010]). The issues raised on the prior motion were identical to the issues raised in the instant petition. The mother…