Opinion
February 28, 1989
Appeal from the Family Court, New York County (Judith Sheindlin, J.).
Although the Hearing Examiner accepted petitioner's testimony concerning her child's basic financial requirements, she erroneously omitted any amount for baby-sitting and child-related transportation. In that regard, an examination of the record herein demonstrates that $60 per week is sufficient to meet the cost of such expenses. Moreover, the allocation to respondent father of only 69% of the support obligations and counsel fees is inadequate under the situation prevailing in the instant matter. Respondent is a practicing physician specializing in plastic surgery who, by his own admission, spends $840 per month for his own entertainment. Petitioner mother, in contrast, is presently unemployed and has limited means of support. In view of the wide disparity in the financial condition and earning capacity of the respective parties, respondent should reasonably bear 80% of the weekly child support expenses, 80% of the legal costs and the entire cost of the child's medical and dental expenses.
The appeals from the orders of the Family Court, New York County (Caroline Kearney, H.E.), entered on or about June 11, 1987 and August 12, 1987, respectively, are dismissed as having been subsumed in the appeal from the order entered on or about September 8, 1987.
Concur — Kupferman, J.P., Sullivan, Milonas and Ellerin, JJ.