Rocanello v. Rocanello
Cases that cite this one
19 later published cases cite this decision.
- N.B. v. J.D. (New York Supreme Court, Kings County 2024)
- Matter of Fleming v. McCloskey (Appellate Division of the Supreme Court of New York 2019)
- Dochter v. Dochter (Appellate Division of the Supreme Court of New York 2014)
- Dochter v. Dochter (Appellate Division of the Supreme Court of New York 2014)
- Mongelluzzo v. Sondgeroth (Appellate Division of the Supreme Court of New York 2012)
- Mongelluzzo v. Sondgeroth (Appellate Division of the Supreme Court of New York 2012)
- Berg v. Berg (Appellate Division of the Supreme Court of New York 2011)
- Bogannam v. Bogannam (Appellate Division of the Supreme Court of New York 2009)
- Herlitz-Ferguson v. Herlitz-Ferguson (Appellate Division of the Supreme Court of New York 2008)
- Spreitzer v. Spreitzer (Appellate Division of the Supreme Court of New York 2007)
- DeVries v. DeVries (Appellate Division of the Supreme Court of New York 2006)
- Westenberger v. Westenberger (Appellate Division of the Supreme Court of New York 2005)
- Matter of Mark Snyder v. Snyder (Monroe Family Court 2004)
- Curran v. Curran (Appellate Division of the Supreme Court of New York 2003)
- Viscardi v. Viscardi (Appellate Division of the Supreme Court of New York 2003)
- Ivani v. Ivani (Appellate Division of the Supreme Court of New York 2003)
- Hwang v. Hwang (Appellate Division of the Supreme Court of New York 2003)
- Krigsman v. Krigsman (Appellate Division of the Supreme Court of New York 2001)
- Morrissey v. Morrissey (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Rockland County (Miller, J.), dated July 21, 1997, which, inter alia, denied her an award of maintenance.
Ordered that the judgment is modified by deleting the provision thereof denying the plaintiff an award of maintenance and substituting therefor a provision directing the defendant to pay to the plaintiff the sum of $100 per week as maintenance for a period of four years; as so modified, the judgment is affirmed insofar as appealed from, with costs payable to the plaintiff.
In determining a party’s maintenance or child support obligation, a court need not rely upon the party’s own account of his or her finances, but may impute income based upon the party’s past income or demonstrated earning potential (see, Brown v Brown, 239 AD2d 535). Here, the Supreme Court should have imputed additional income to the defendant in determining whether to award the plaintiff maintenance based upon his past demonstrated earning capacity. Therefore, we modify the judgment accordingly.
The wife’s remaining contentions are without merit. Miller, J. P., Sullivan, Friedmann and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.