AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

SHEILA STEMPLER, Respondent, v. KENNETH STEMPLER, Appellant.

Ordered that the order dated August 30, 1994, is affirmed, without costs or disbursements; and it is further,

Ordered that the appeal from the order dated July 24, 1995, is dismissed as abandoned, without costs or disbursements.

Contrary to the defendant's contentions, the court did not improvidently exercise its discretion in denying his renewed motion for a downward modification of his child support and maintenance obligations. Although the defendant testified at length as to his current dire financial straits, the court expressly discredited his testimony and found that his nonpayment was willful and calculated to defeat the plaintiffs rights and remedies. Since the court's determination in this regard has ample support in the record, it will be accorded great weight on appeal ( see, Matter of King v King, 193 AD2d 800).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Use AI to get other relevant cases.

Comments

STEMPLER v. STEMPLER
(Nov 18, 1996)