Opinion
May 15, 1967
Order of the Family Court, Westchester County, dated October 4, 1966, modified, on the law and the facts, to the extent of deleting from the last decretal paragraph the words "and of the said other dependent" and reducing the amount directed to be paid for support from $50 a week to $40 a week. As so modified, order affirmed, without costs. While respondent is not liable for the support of his son during the period the son is employed and self-supporting ( Graffeo v. Graffeo, 7 A.D.2d 741), in our opinion this fact is offset by appellant's demonstrated earning potential and the somewhat dubious status of his present business relationship. Ughetta, Acting P.J., Brennan, Rabin, Benjamin and Munder, JJ., concur.