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IN THE MATTER OF GABRIEL v. DIBIARI

12 A.D.3d 510 (2004)

784 N.Y.S.2d 651

In the Matter of MICHELLE GABRIEL, Respondent, v. ROBERT R. DIBIARI, Appellant.

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

November 15, 2004.

Ordered that the order is affirmed, with costs.

Contrary to the father's contention, the Family Court properly based his pro rata share of child support on the income stated in his 2002 federal income tax return (see Family Ct Act § 413 [1] [b] [5] [i]). The income lost as a result of his retirement after the commencement of this proceeding, where his claimed medical reason for retiring was uncorroborated, was properly imputed to him (see Matter of...

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