Matter of Berani v. Berani

Summary

The Appellate Division, Second Department, affirmed an order denying the mother's objections to dismissal of her petition alleging that the father failed to pay the child's health insurance premiums. The court held that res judicata barred relitigation of the mother's claim for arrears from 2017 through 2022 because she had sought and failed to prove entitlement to the same relief in a prior proceeding.

Holdings

1. Res judicata barred the mother from relitigating her claim for health-insurance-premium arrears from 2017 through 2022 because she sought and failed to prove entitlement to that relief in the prior proceeding.

Questions Presented

1. Whether res judicata barred the mother's second petition seeking arrears for the child's health-insurance premiums from 2017 through 2022.
2. Whether the Family Court properly denied the mother's objections to the Support Magistrate's dismissal of that petition.

Disposition

affirmed