IN THE MATTER OF CHILDRESS v. SAMUEL


27 A.D.3d 295 (2006)

811 N.Y.S.2d 372

In the Matter of YOSHITA LAZELLE CHILDRESS, Respondent, v. AUGUSTIN WINSTON SAMUEL, Appellant.

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

March 16, 2006.


The Magistrate's finding that respondent presented insufficient evidence to determine his gross income is supported by the record. Although respondent presented a 2000 tax return showing self-employment income of $12,395 and a 2001 Form 1099 showing earnings of $13,000, as of July 2002, when the hearing was held, respondent had neither filed a tax return for 2001, nor a request for an extension. In addition, his financial disclosure statement showed that his expenses exceeded...

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