In a Decision – Koval v. Stern, . (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Decision of the Trial Court and determined that the Trial Court abused its discretion in denying oral argument on the initial motion and ruling on the papers where the conflicting certifications and inadequate proofs mandated a plenary hearing.
The Appellate court ruled that because the issues raised by defendant were significant and involved conflicting certifications, the trial court abused its discretion by declining to hear oral argument. The court left it to the discretion of the trial judge on remand to determine whether a plenary hearing was necessary to decide the issues presented after considering oral argument. A child's attendance at college was a change of circumstances that warranted a review of the child support amount. The appellate court further found that they could discern no special or unusual circumstances that warranted the trial court's dispensing of an entirely appropriate request for oral argument of a motion presumptively entitled to argument on request.