Opinion
2012-12-21
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.
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.
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 *793ultimately 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 A.D.3d 726, 830 N.Y.S.2d 735,lv. denied 9 N.Y.3d 814, 848 N.Y.S.2d 26, 878 N.E.2d 610, quoting Palumbo v. Palumbo, 10 A.D.3d 680, 682, 782 N.Y.S.2d 106lv. dismissed3 N.Y.3d 765, 788 N.Y.S.2d 665, 821 N.E.2d 970).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.