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Matter of Tanya v. Percy

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1996
228 A.D.2d 439 (N.Y. App. Div. 1996)

Opinion

June 3, 1996

Appeal from the Family Court, Queens County (Friedman, J.).


Ordered that the order is modified, on the facts, by adding a provision thereto directing Percy L. to make weekly child support payments to the petitioner in the amount of $149, or biweekly child support payments in the amount of $298; as so modified, the order is affirmed, without costs or disbursements.

The appellant failed to present any evidence to rebut the presumption that the standard of support calculated pursuant to the Family Court Act is reasonable and appropriate ( see, Family Ct Act § 413; cf., Matter of Steuben County Dept. of Social Servs. [Padgett] v. James, 171 A.D.2d 1023). In addition, there is nothing to indicate that the Family Court failed to review the entire record, including the hearing transcript. The Family Court expressly scrutinized and approved the factors considered by the Hearing Examiner in arriving at its determination ( see, e.g., Matter of Smith v. Smith, 197 A.D.2d 830).

However, we note that the Hearing Examiner inadvertently directed the appellant to make weekly child support payments to the petitioner in the amount of $298. The Hearing Examiner should have directed the appellant to make weekly child support payments in the amount of $149, or biweekly child support payments in the amount of $298. Accordingly, the order dated August 29, 1994, must be modified to correct this error. Ritter, J.P., Pizzuto, Santucci and Krausman, JJ., concur.


Summaries of

Matter of Tanya v. Percy

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1996
228 A.D.2d 439 (N.Y. App. Div. 1996)
Case details for

Matter of Tanya v. Percy

Case Details

Full title:In the Matter of TANYA H., Respondent, v. PERCY L., Appellant

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

Date published: Jun 3, 1996

Citations

228 A.D.2d 439 (N.Y. App. Div. 1996)
643 N.Y.S.2d 228

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