Haleniuk v. Persaud

Appellate Division of the Supreme Court of New York

Haleniuk v. Persaud

89 A.D.3d 601, 933 N.Y.2d 33

Appellate Division of the Supreme Court of the State of New York·Decided November 22, 2011·Published

Opinion

The evidence in the record sufficiently supports Family Court’s finding that the father failed to meet his burden of showing that the child was constructively emancipated (see O’Sullivan v Katz, 81 AD3d 480 [2011]). Although the record reflects a strained relationship between the father and child, it does not support a finding that the child completely refused to have a relationship with the father (see id.).

The father’s failure to properly file a full record on appeal, despite his contrary statement made pursuant to CPLR 5531, warrants the imposition of costs incurred in preparing and filing a respondent’s appendix (see CPLR 5528 [e]; 22 NYCRR 600.10 [c] [1]).

We need not remand to the Support Magistrate to consider [602]*602the father’s arguments regarding a credit and his obligation to pay college expenses, as Family Court already provided for such relief in the order appealed from. Concur — Moskowitz, J.E, Renwick, DeGrasse, Abdus-Salaam and Román, JJ.

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The evidence in the record sufficiently supports Family Court’s finding that the father failed to meet his burden of showing that the child was constructively emancipated (see O’Sullivan v Katz, 81 AD3d 480 [2011]). Although the record reflects a strained relationship between the father and child, it does not support a finding that the child completely refused to have a relationship with the father (see id.).

The father’s failure to properly file a full record on appeal, despite his contrary statement made pursuant to CPLR 5531, warrants the imposition of costs incurred in preparing and filing a respondent’s appendix (see CPLR 5528 [e]; 22 NYCRR 600.10 [c] [1]).

We need not remand to the Support Magistrate to consider [602]*602the father’s arguments regarding a credit and his obligation to pay college expenses, as Family Court already provided for such relief in the order appealed from. Concur — Moskowitz, J.E, Renwick, DeGrasse, Abdus-Salaam and Román, JJ.

Haleniuk v. Persaud, 89 A.D.3d 601, 933 N.Y.2d 33 (N.Y. Ct. App. 2011).

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Opinion

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