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De LaFontaine v. Toms

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 2003
1 A.D.3d 297 (N.Y. App. Div. 2003)

Opinion

2301.

November 25, 2003.

Order, Family Court, New York County (Rhoda Cohen, J.), entered on or about May 1, 2003, denying respondent's objections to the decision of the Hearing Examiner, which had calculated the parties' child-support obligations, unanimously affirmed, without costs.

Howard B. Felcher, for Petitioner-Respondent.

Jerome Tarnoff, for Respondent-Appellant.

Before: Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ.


The Hearing Examiner's findings as to the income of each party were based largely on his assessment of their respective credibility. The Family Court correctly declined to disturb that determination, which was amply supported by the law and the facts, inasmuch as the Hearing Examiner was in the best position to make that evaluation (see Matter of Sledge v. Sledge, 228 A.D.2d 310). Nor has appellant articulated any persuasive reason to overturn the calculations of child support. The Hearing Examiner offered a detailed analysis based upon the parties' combined incomes, the needs of the child, and the statutory factors in Family Ct Act § 413(1)(f) and (1)(c)(3) (see Matter of Cassano v. Cassano, 85 N.Y.2d 649). We have examined the parties' remaining arguments for affirmative relief and find them unavailing.


Summaries of

De LaFontaine v. Toms

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 2003
1 A.D.3d 297 (N.Y. App. Div. 2003)
Case details for

De LaFontaine v. Toms

Case Details

Full title:IN RE PROCEEDING, ETC., NATHALIE DE LaFONTAINE, Petitioner-Respondent, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 25, 2003

Citations

1 A.D.3d 297 (N.Y. App. Div. 2003)
767 N.Y.S.2d 596