Juhasz v Juhasz

Juhasz v Juhasz 2012 NY Slip Op 08975 Released on December 21, 2012 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on December 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, CARNI, AND VALENTINO, JJ.
1419.1 CA 11-02012

[*1]DANA JUHASZ, PLAINTIFF-APPELLANT,

v

STEPHEN JUHASZ, DEFENDANT-RESPONDENT.


Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered August 12, 2011. The order, among other things, denied that part of the motion of plaintiff seeking a money judgment.


J. ADAMS & ASSOCIATES, PLLC, WILLIAMSVILLE (JOAN CASILIO ADAMS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (SHARI JO REICH OF COUNSEL), FOR DEFENDANT-RESPONDENT.


It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: We conclude that Supreme Court properly denied that part of plaintiff's motion seeking the difference between pendente lite support paid during the pendency of the divorce action and the amounts of maintenance and child support that were ultimately awarded. Plaintiff's contentions concerning retroactive support "were previously raised and decided against [her] or could have been raised on a prior appeal in this matter . . . Therefore, reconsideration of these [contentions] is barred by the doctrine of law of the case' " (Matter of Suzuki-Peters v Peters, 37 AD3d 726, lv denied 9 NY3d 814, quoting Palumbo v Palumbo, 10 AD3d 680, 682, lv dismissed 3 NY3d 765).
Entered: December 21, 2012
Frances E. Cafarell
Clerk of the Court