Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN THE MATTER OF REDMOND v. EASY

Appellate Division of the Supreme Court of New York, First Department.
May 12, 2005
Important Paras
Please sign up to view Important Paras.

After being granted poor person relief, which allowed him to appeal on the original record, respondent Easy was obligated to assemble a proper record on appeal ( Matter of Rudick v. Rudick, 16 AD3d 514). The record before us does not contain the transcripts of the fact-finding hearing. To the extent the record permits review, we find that the hearing examiner followed the formula in Family Court Act ยง 413 (1) (c) in calculating respondent's support obligation. The final child support order was not arbitrarily arrived at. Inasmuch as respondent failed to furnish his 1999 and 2000 tax returns to the examiner at the hearing, Family Court did not err in refusing to accept and consider that evidence upon the hearing of objections, which is the equivalent of an appellate review. The appropriate remedy, at that point, was for respondent to request a modification. We have considered respondent's remaining claims and find them without merit.