Kairey v. Hirsch

Summary

The Appellate Division, Second Department, reversed a judgment of divorce insofar as it modified an arbitration award concerning the duration of the defendant's child support obligation. The court held that the award, which terminated support when the child reached age 24 or married, was not incompatible with the Child Support Standards Act and was not shown to be contrary to the child's best interests. The matter was remitted for entry of an amended judgment confirming the relevant portion of the arbitration award.

Holdings

1. Supreme Court erred in modifying the arbitration award because the award was not incompatible with the objectives of the Child Support Standards Act and the record contained no evidence that it was not in the child's best interests.
2. The plaintiff's motion to confirm the portion of the arbitration award determining the duration of the defendant's child support obligation should have been granted.

Questions Presented

1. Whether Supreme Court had authority to modify the arbitration award's provision governing the duration of the defendant's child support obligation.
2. Whether the arbitration award was subject to vacatur or modification on public-policy grounds because it allegedly failed to comply with the Child Support Standards Act or was not in the child's best interests.
3. Whether the plaintiff was entitled to confirmation of the relevant portion of the arbitration award under CPLR 7510.

Disposition

reversed_and_remanded