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Amisson v. Amisson

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 274 (N.Y. App. Div. 1998)

Opinion

June 1, 1998

Appeal from the Supreme Court, Dutchess County (Beisner, J.).


Ordered that the cross appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The court correctly refused to distribute the value of the plaintiff's professional social work license and practice inasmuch as the defendant failed to "prov[e] the asset's value so as to afford the court a sufficient basis upon which to make a distributive award" ( Vainchenker v. Vainchenker, 242 A.D.2d 620). Furthermore, the court, in computing the plaintiff's child support obligation, properly reduced his income by his maintenance obligation ( see, Domestic Relations Law § 240 [1-b] [b] [5] [vii] [C]). Lastly, we perceive no improvident exercise of discretion in the court's failure to award the defendant counsel fees ( see, Domestic Relations Law § 237 [a]; see also, Gallina v. Gallina, 162 A.D.2d 219).

Miller, J. P., Ritter, Sullivan and Pizzuto, JJ., concur.


Summaries of

Amisson v. Amisson

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 274 (N.Y. App. Div. 1998)
Case details for

Amisson v. Amisson

Case Details

Full title:THOMAS J. AMISSON, Respondent-Appellant, v. LINA AMISSON…

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

Date published: Jun 1, 1998

Citations

251 A.D.2d 274 (N.Y. App. Div. 1998)
672 N.Y.S.2d 801

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