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Shapiro v. Rosa

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1996
224 A.D.2d 181 (N.Y. App. Div. 1996)

Opinion

February 1, 1996

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


The husband's bare conclusory claim of financial inability to comply with his child support obligation, unsupported by any documentation, was insufficient to warrant either a hearing on his financial ability ( Farkas v. Farkas, 209 A.D.2d 316, 317-318; Bowie v. Bowie, 182 A.D.2d 1049), or the assignment of counsel on the ground of indigence. We modify the finding on arrears as above indicated to take account of payments admittedly received by the wife between October 1, 1991 through October 2, 1993, and remand for a hearing on the issue of attorneys' fees, which should not have been awarded on the basis of affirmations alone ( Osborn v. Osborn, 144 A.D.2d 350, 352). At such hearing, testimony shall also be taken with respect to counsel fees on these appellate proceedings, insofar as they relate to the enforcement of the child support obligation other than the recomputation of the amount due.

Concur — Ellerin, J.P., Rubin, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Shapiro v. Rosa

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1996
224 A.D.2d 181 (N.Y. App. Div. 1996)
Case details for

Shapiro v. Rosa

Case Details

Full title:DANIEL J. SHAPIRO, Appellant, v. MARGARITA ROSA, Respondent

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

Date published: Feb 1, 1996

Citations

224 A.D.2d 181 (N.Y. App. Div. 1996)
637 N.Y.S.2d 691

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