| King v Geovanis |
| 2007 NY Slip Op 08287 [45 AD3d 273] |
| November 1, 2007 |
| Appellate Division, First Department |
| Catherine King, Appellant, v Steven Geovanis,Respondent. |
—[*1] Martin S. Dorfman, Huntington Station, for respondent.
Judgment of divorce, Supreme Court, New York County (Jacqueline W. Silbermann, J.),entered April 26, 2006, insofar as appealed from as limited by the briefs, awarding maintenanceand child support retroactive to the commencement of the trial, March 28, 2005, unanimouslyreversed, on the law, without costs, such awards are made retroactive to the commencement ofthe action, May 14, 2003, and the matter remanded for a recalculation of the retroactive amountsand for reconsideration of the manner of payment.
"A final order of maintenance or child support 'shall be effective as of the date of theapplication therefor' (Domestic Relations Law § 236 [B] [6] [a]; [7] [a])" (Burns vBurns, 84 NY2d 369, 377 [1994]). The service of a summons with notice containing arequest for maintenance or child support constitutes an application therefor (id.). Thus,since plaintiff requested maintenance and child support in her summons with notice, the filing ofwhich commenced this action on May 14, 2003, the child support and maintenance awardsshould have been made retroactive to May 14, 2003. We have considered defendant's arguments,including that the matter should be remanded for a recalculation of the amount and duration ofthe awards, and find them unavailing. Concur—Tom, J.P., Saxe, Sullivan, Gonzalez andSweeny, JJ.