Bastone v. O'Connor

Appellate Division of the Supreme Court of New York

Bastone v. O'Connor

203 A.D.2d 885, 612 N.Y.S.2d 962, 1994 N.Y. App. Div. LEXIS 4353

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1994

StatusPublished

This text of 203 A.D.2d 885 (Bastone v. O'Connor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bastone v. O'Connor, 203 A.D.2d 885, 612 N.Y.S.2d 962, 1994 N.Y. App. Div. LEXIS 4353 (N.Y. Ct. App. 1994).

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Opinion

—Appeals (transferred to this Court by order of the Appellate Division, Second Department) from two orders of the Family Court of Westchester County (Scancarelli, J.), entered March 6, 1992, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Domestic Relations Law article 3-A, to direct respondent to pay child support.

Family Court did not err in directing respondent to pay child support in accordance with the guidelines set forth in the Child Support Standards Act (Family Ct Act § 413). The court properly modified the Hearing Examiner’s decision to the extent of applying the guidelines. There was no evidence in the record to rebut the presumption of the applicability of the guidelines and the Hearing Examiner failed to make the requisite findings to justify a departure from the guidelines in resolving the case. The remaining contentions raised by respondent have been examined and rejected as unpersuasive.

Mikoll, J. P., Crew III, White, Casey and Peters, JJ., concur. Ordered that the orders are affirmed, without costs.

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—Appeals (transferred to this Court by order of the Appellate Division, Second Department) from two orders of the Family Court of Westchester County (Scancarelli, J.), entered March 6, 1992, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Domestic Relations Law article 3-A, to direct respondent to pay child support.

Family Court did not err in directing respondent to pay child support in accordance with the guidelines set forth in the Child Support Standards Act (Family Ct Act § 413). The court properly modified the Hearing Examiner’s decision to the extent of applying the guidelines. There was no evidence in the record to rebut the presumption of the applicability of the guidelines and the Hearing Examiner failed to make the requisite findings to justify a departure from the guidelines in resolving the case. The remaining contentions raised by respondent have been examined and rejected as unpersuasive.

Mikoll, J. P., Crew III, White, Casey and Peters, JJ., concur. Ordered that the orders are affirmed, without costs.

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Bluebook (online)

203 A.D.2d 885, 612 N.Y.S.2d 962, 1994 N.Y. App. Div. LEXIS 4353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bastone-v-oconnor-nyappdiv-1994.

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