JOHNSON v. CHAPIN

Defendant has not demonstrated any basis for affording him relief from the interim award. Indeed, the motion court, when confronted with defendant's apparently self-created unemployment and questionable claim of limited future earnings, was warranted in imputing income to him on the basis of his past earnings and earning capacity (see Kent v. Kent, 291 A.D.2d 258, 259).

We have considered defendant's various arguments and find them all unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.