Opinion
CA 03-00075
June 13, 2003.
Appeal from those parts of a judgment of Supreme Court, Seneca County (Falvey, J.), entered June 28, 2002, that established plaintiff's child support obligation and directed plaintiff to make child support payments through the Seneca County Support Collection Unit.
DAVID M. PARKS, ITHACA, FOR PLAINTIFF-APPELLANT.
PRESENT: GREEN, J.P., HURLBUTT, KEHOE, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff appeals from those parts of the judgment entered in this matrimonial action establishing his child support obligation pursuant to the Child Support Standards Act (Domestic Relations Law 240 [1-b]) and directing him to make child support payments through the Seneca County Support Collection Unit (SCU). Plaintiff contends that Supreme Court erred in identifying him as the noncustodial parent for the purpose of awarding child support. It is impossible to determine from the stipulated custodial arrangement set forth in the record, however, which party has physical custody of the child for the majority of the time ( cf. Bast v. Rossoff, 91 N.Y.2d 723, 728). We therefore are unable to pass upon the merits of that contention ( see Kahn v. City of New York, 37 A.D.2d 520, 521, affd 30 N.Y.2d 690). Contrary to plaintiff's further contention, the record establishes that defendant requested that support payments be made through the SCU, and the court did not err in granting that request ( see 240 [1] [a]; Social Services Law 111-g).