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MATTER OF SPRATT v. FONTANA

51 A.D.3d 1034 (2008)

857 N.Y.S.2d 505

In the Matter of MAUREEN SPRATT, Respondent, v. BRETT D. FONTANA, Appellant.

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

Decided May 27, 2008.

Ordered that the order dated November 7, 2007 is affirmed, with costs.

The Family Court providently exercised its discretion in applying the statutory percentage of 29% (see Family Ct Act § 413 [1] [b] [3] [iii]) to the portion of the parents' combined income which exceeded $80,000 (see Family Ct Act § 413 [1] [c] [1], [2], [3]; Matter of Cassano v Cassano, 85 N.Y.2d 649, 655 [1995]; Levy v Levy...

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