Appellate Division of the Supreme Court of New York, 2011

in Matter of Galina Ross v. Ross

Appellate Division of the Supreme Court of New York · Decided December 6, 2011

90 A.D.3d 669; 933 N.Y.2d 885

Cases that cite this one

4 later published cases cite this decision.

Gafycz v. Gafycz (Appellate Division of the Supreme Court of New York 2017)
Kiernan v. Martin (Appellate Division of the Supreme Court of New York 2013)
Kiernan v. Martin (Appellate Division of the Supreme Court of New York 2013)
Greenpoint Mortgage Corp. v. Lamberti (Appellate Division of the Supreme Court of New York 2012)

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

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 *670Luo 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.