Opinion
12-31-2015
In the Matter of CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, on behalf of Mark P. QUINN, Petitioner–Appellant, v. Emily N. GILROY, Respondent–Respondent.
Stephen D. Miller, Olean, for Petitioner–Appellant. Heather A. Tomes, Delevan, for Respondent–Respondent.
Stephen D. Miller, Olean, for Petitioner–Appellant.
Heather A. Tomes, Delevan, for Respondent–Respondent.
MEMORANDUM:
Petitioner appeals from an order denying its objections to the order of the Support Magistrate insofar as it reduced the amount of respondent mother's child support obligation. Contrary to petitioner's contention, we conclude that Family Court did not abuse its discretion in declining to impute income to respondent (see Matter of Disidoro v. Disidoro, 81 A.D.3d 1228, 1230, 917 N.Y.S.2d 436, lv. denied 17 N.Y.3d 705, 2011 WL 2566536 ), or in calculating her child support obligation based upon her current income (see Chiotti v. Chiotti, 12 A.D.3d 995, 997, 785 N.Y.S.2d 157 ).It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, and DeJOSEPH, JJ., concur.