Opinion
2014-03-19
In the Matter of Matthew SALADINO, appellant, v. Debra SALADINO, respondent.
Paul A. Boronow, P.C., Garden City, N.Y., for appellant. Debra Saladino, Bayport, N.Y., respondent pro se.
Paul A. Boronow, P.C., Garden City, N.Y., for appellant. Debra Saladino, Bayport, N.Y., respondent pro se.
In a support proceeding pursuant to Family Court Act article 4, the father appeals from (1) an order of the Family Court, Nassau County (Cahn, S.M.), dated December 20, 2012, which, after a hearing, directed the mother to pay child support in the sum of only $25 per month, and (2) an order of the same court (Singer, J.), dated March 14, 2013, which denied his objections to the order dated December 20, 2012.
ORDERED that the appeal from the order dated December 20, 2012, is dismissed, without costs or disbursements, as that order was superseded by the order dated March 14, 2013; and it is further,
ORDERED that the order dated March 14, 2013, is affirmed, without costs or disbursements.
“A Support Magistrate has considerable discretion in determining whether to impute income to a parent” ( Matter of Mongelluzzo v. Sondgeroth, 95 A.D.3d 1332, 1333, 944 N.Y.S.2d 908;see Matter of Kiernan v. Martin, 108 A.D.3d 767, 768, 970 N.Y.S.2d 69;Matter of Oshodi v. Olouwo, 94 A.D.3d 896, 941 N.Y.S.2d 858). The Support Magistrate, “ ‘is in the best position to assess the credibility of the witnesses' ” (Matter of Ennis v. Pina, 78 A.D.3d 830, 830–831, 910 N.Y.S.2d 366, quoting Matter of Tsarova v. Tsarov, 59 A.D.3d 632, 633, 875 N.Y.S.2d 84;see Matter of Kiernan v. Martin, 108 A.D.3d at 768, 970 N.Y.S.2d 69;Matter of Musarra v. Musarra, 28 A.D.3d 668, 669, 814 N.Y.S.2d 657). “However, ‘a determination to impute income will be rejected where the amount imputed was not supported by the record, or the imputation was an improvident exercise of discretion’ ” (Matter of Kiernan v. Martin, 108 A.D.3d at 768, 970 N.Y.S.2d 69, quoting Matter of Ambrose v. Felice, 45 A.D.3d 581, 582, 845 N.Y.S.2d 411).
Here, contrary to the father's contention, the Support Magistrate did not improvidently exercise her discretion in declining to impute additional income to the mother. The findings regarding the mother's income were based on an assessment of her credibility, and are supported by the record ( see Matter of Kennedy v. Ventimiglia, 73 A.D.3d 1066, 899 N.Y.S.2d 899;Matter of Cordero v. Olivera, 40 A.D.3d 852, 837 N.Y.S.2d 172;Matter of Saren v. Palma, 3 A.D.3d 572, 770 N.Y.S.2d 652). The father's remaining contention is without merit. Accordingly, the Family Court properly denied the father's objections to the Support Magistrate's order. SKELOS, J.P., LOTT, ROMAN and COHEN, JJ., concur.