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in Matter of Galina Ross v. Ross

90 A.D.3d 669 Court N.Y. App. Div. Decision date 2011-12-06 English

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p. 669
In the Matter of Galina Ross, Respondent, v Eric Ross, Appellant.
[933 NYS2d 885]

The Family Court reasonably found that the father has the ability to pay child support in the sum of $716.32 per month {see Family Ct Act § 413). “A support magistrate is afforded considerable discretion in determining whether to impute income to a parent” (Matter of Julianska v Majewski, 78 AD3d 1182 , 1183 [2010]), and we accord deference to a support magistrate’s credibility determinations (see Matter of Feng Lucy

p. 670
Luo v Yang, 89 AD3d 946 , 947 [2d Dept 2011]; Matter of Tsarova v Tsarov, 59 AD3d 632 , 633 [2009]). Here, the Support Magistrate’s findings regarding the father’s income, which were based on credibility determinations, are supported by the record. Accordingly, they should not be disturbed (see Matter of Gebaide v McGoldrick, 74 AD3d 966 , 967 [2010]; Matter of Kennedy v Ventimiglia, 73 AD3d 1066 [2010]).

The father’s remaining contentions either are without merit or refer to matter dehors the record. Florio, J.E, Hall, Austin and Cohen, JJ., concur.

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