Matter of Choy v Mai Ling Lai

Jan 17, 2012
2011-03833
Versions:2012 NY Slip Op 00369
91 AD3d 772

In the Matter of Tonny Choy, Appellant, v Mai Ling Lai, Respondent.

David Schrager, Staten Island, N.Y., for appellant.

In a proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Hoffman, J.), dated March 14, 2011, which denied his objections to an order of the same court (Parisi, S.M.), dated December 28, 2010, which denied his motion, inter alia, for leave to renew his prior motion to vacate a support order of the same court (Parisi, S.M.), dated June 26, 2008, entered upon his consent, which had been denied in an order of the same court dated June 18, 2010.

Ordered that the order dated March 14, 2011, is affirmed, without costs or disbursements.

A motion for leave to renew “shall be based upon new facts not offered on the prior motion that would change the prior determination” (CPLR 2221 [e] [2]) and “shall contain reasonable justification for the failure to present such facts on the prior motion” (CPLR 2221 [e] [3]; see Barnett v Smith, 64 AD3d 669, 670 [2009]; Chernysheva v Pinchuck, 57 AD3d 936, 937 [2008]). Here, that branch of the father‘s motion which was for leave to renew his motion to vacate the support order dated June 26, 2008, was properly denied by the Support Magistrate, as the allegedly new facts offered would not have changed the prior determination (see CPLR 2221 [e] [2]).

The father‘s remaining contentions are either without merit or not properly before this Court. Angiolillo, J.P., Lott, Austin and Cohen, JJ., concur.