Matter of Rosana R. v James M.

Matter of Rosana R. v James M. 2009 NY Slip Op 09298 [68 AD3d 544] December 15, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Rosana R., Appellant,
v
James M., Respondent.

—[*1] Howard M. Simms, New York, for appellant.

Order, Family Court, New York County (Maureen McLeod, J.), entered on or about March 31, 2008, which denied petitioner's objections to the October 16, 2007 order of the Support Magistrate, dismissing her petition that sought to modify a prior order of child support to the extent of annulling the amount owed in arrears, unanimously affirmed, without costs.

The petition was properly dismissed, since Family Ct Act § 451 precludes the court from "reduc[ing] or annul[ing] child support arrears accrued prior to the making of an application pursuant to this section" (see Matter of Dox v Tynon, 90 NY2d 166, 173 [1997]; Matter of Zaid S. v Yolanda N.A.A., 24 AD3d 118 [2005]). Here, petitioner's child support arrears were set and reduced to a money judgment in 2005, and the subject petition was brought in 2007.

We have considered petitioner's remaining arguments and find them unavailing. Concur—Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.