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IN THE MATTER OF COMMISSIONER OF SOCIAL SERVICES v. MONICA

10 A.D.3d 260 (2004)

781 N.Y.S.2d 70

In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of LESLIE A. DAEDA, Respondent, v. JOHN LAWRENCE MONICA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 5, 2004.

In the absence of any reliable records of respondent's actual employment income or evidence of genuine and sustained efforts to secure gainful employment, income was properly imputed (see Matter of Collins v Collins, 241 A.D.2d 725, 727 [1997], appeal dismissed and lv denied 91 N.Y.2d 829 [1997]). In calculating respondent's support obligation, the Hearing Examiner properly imputed earnings...

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