Reilich v. Reilich
Cases that cite this one
2 later published cases cite this decision.
- Azizo v. Azizo (Appellate Division of the Supreme Court of New York 2008)
- Wallach v. Wallach (Appellate Division of the Supreme Court of New York 2007)
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
—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in averaging defendant’s income for a three-year period to determine the combined parental income rather than utilizing the most recently filed Federal income tax return (see, Domestic Relations Law § 240 [1-b] [b] [5] [i]; Haas v Haas, 265 AD2d 887). The court further erred in failing to conduct a hearing with respect to the sharply contested issue of the appropriate amount of child support. Instead, the court adopted findings of fact submitted by defendant that included findings pursuant to Domestic Relations Law § 240 (1-b) (f), without the benefit of testimony with respect to those factors. The stipulated financial information and counsels’ statements of the parties’ positions fail to provide a sufficient basis for the court’s determination and for our review of that determination.
Moreover, the court abused its discretion in failing to award
Finally, the court did not abuse its discretion in denying plaintiffs request for additional attorney fees (see, Domestic Relations Law § 237 [a]). (Appeals from Judgment of Supreme Court, Monroe County, Bergin, J. — Matrimonial.) Present— Pine, J. P., Wisner, Hurlbutt, Scudder and Balio, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.