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In the Matter of Castillo v. Castillo

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 458 (N.Y. App. Div. 2003)

Opinion

2002-00649

Submitted January 23, 2003.

February 13, 2003.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Dounias, J.), dated December 19, 2001, as denied his objections to an order of the same court (Rodriguez, H.E.), entered October 26, 2001, which, after a hearing, awarded the mother child support in the sum of $2,091.37 per month and arrears in the sum of $2,333.40.

Daniel A. Conti, Hempstead, N.Y., for appellant.

Spizz Cooper, LLP, Mineola, N.Y. (Patricia L. Hoffman of counsel), for respondent.

Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the father's contention, the hearing examiner properly refused to deduct unreimbursed business expenses in computing his income for purposes of the Child Support Standards Act, as he failed to submit evidence sufficient to support his claim regarding those expenses (see Mellen v. Mellen, 260 A.D.2d 609; cf. Matter of Dodaro v. Beyer, 297 A.D.2d 379; Graves v. Smith, 284 A.D.2d 332, 333; La Porte v. La Porte, 263 A.D.2d 585, 587; Faber v. Faber, 206 A.D.2d 644).

SMITH, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.


Summaries of

In the Matter of Castillo v. Castillo

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 458 (N.Y. App. Div. 2003)
Case details for

In the Matter of Castillo v. Castillo

Case Details

Full title:IN THE MATTER OF JUDITH CASTILLO, respondent, v. VICTOR CASTILLO, appellant

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

Date published: Feb 13, 2003

Citations

302 A.D.2d 458 (N.Y. App. Div. 2003)
754 N.Y.S.2d 582

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