From Casetext: Smarter Legal Research

Matter of Allen v. Allen

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 2000
274 A.D.2d 579 (N.Y. App. Div. 2000)

Opinion

Submitted May 15, 2000.

July 31, 2000.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals (1) from an order of the Family Court, Kings County (LaFreniere, H.E.), dated May 1, 1998, which, after a hearing, inter alia, fixed child support arrears in the principal sum of $20,645.50 and directed him to pay $50 per month in child support, and (2), as limited by his brief, from so much of an order of the Family Court, Kings County (Greenbaum, J.), dated February 17, 1999, as denied his objections to the order dated May 1, 1998.

Tyrone Allen II, Brooklyn, N.Y., appellant pro se.

Before: SONDRA MILLER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the appeal from the order dated May 1, 1998, is dismissed, without costs or disbursements, as that order was superseded by the order dated February 17, 1999; and it is further,

ORDERED that the order dated February 17, 1999, is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father's contentions, the Hearing Examiner's calculation of his earning potential was adequately based in law and fact (see, Petek v. Petek, 239 A.D.2d 327, 328; Martusewicz v. Martusewicz, 217 A.D.2d 926, 927). Further, the Hearing Examiner had sufficient information to enter an order under the Child Support Standards Act guidelines (cf., Matter of Grossman v. Grossman, 248 A.D.2d 536).

The father's remaining contentions are without merit.


Summaries of

Matter of Allen v. Allen

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 2000
274 A.D.2d 579 (N.Y. App. Div. 2000)
Case details for

Matter of Allen v. Allen

Case Details

Full title:IN THE MATTER OF TYRONE ALLEN II, APPELLANT, v. LORNA MILBURGER BEACH…

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

Date published: Jul 31, 2000

Citations

274 A.D.2d 579 (N.Y. App. Div. 2000)
715 N.Y.S.2d 848

Citing Cases

Taylor v. Nicosia

While he complains of certain limitations, none of the limitations are medically determined, as required by…