Lutz v. Lutz

Appellate Division of the Supreme Court of New York

Lutz v. Lutz

50 A.D.3d 906, 854 N.Y.S.2d 667

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

DecidedApril 15, 2008

StatusPublished

Cited by3 cases

This text of 50 A.D.3d 906 (Lutz v. Lutz) 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

Lutz v. Lutz, 50 A.D.3d 906, 854 N.Y.S.2d 667 (N.Y. Ct. App. 2008).

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Opinion

In a child support proceeding pursuant to Family Court Act article 4, the petitioner appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Simeone, J.), dated May 14, 2007, as sustained the respondent’s objection to so much of an order of the same court (Grier, S.M.), dated September 26, 2006, as, after a hearing, imputed $24,636 in annual gross income to the respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

The objection to the imputation of income to the respondent was properly sustained on the ground that the imputation was not supported by the record and was an improvident exercise of discretion under the circumstances (see Matter of Simmons v Simmons, 48 AD3d 691 [2008]; Matter of Ambrose v Felice, 45 AD3d 581, 582-583 [2007]; Matter of Taraskas v Rizzuto, 38 AD3d 910 [2007]). Skelos, J.P., Dillon, Leventhal and Chambers, JJ., concur.

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In a child support proceeding pursuant to Family Court Act article 4, the petitioner appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Simeone, J.), dated May 14, 2007, as sustained the respondent’s objection to so much of an order of the same court (Grier, S.M.), dated September 26, 2006, as, after a hearing, imputed $24,636 in annual gross income to the respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

The objection to the imputation of income to the respondent was properly sustained on the ground that the imputation was not supported by the record and was an improvident exercise of discretion under the circumstances (see Matter of Simmons v Simmons, 48 AD3d 691 [2008]; Matter of Ambrose v Felice, 45 AD3d 581, 582-583 [2007]; Matter of Taraskas v Rizzuto, 38 AD3d 910 [2007]). Skelos, J.P., Dillon, Leventhal and Chambers, JJ., concur.

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Bluebook (online)

50 A.D.3d 906, 854 N.Y.S.2d 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lutz-v-lutz-nyappdiv-2008.

Opinion

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