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MATTER OF JENNIFER H.S. v. DAMIEN P.C.

50 A.D.3d 588 (2008)

857 N.Y.S.2d 88

In the Matter of JENNIFER H.S., Appellant, v. DAMIEN P.C., Respondent. In the Matter of DAMIEN P.C., Respondent, v. JENNIFER H.S., Appellant.

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

Decided April 29, 2008.

The Family Court properly sustained the Support Magistrate's finding that the father was the custodial parent for child support purposes, given that the children currently reside with him the majority of the time (see Bast v Rossoff, 91 N.Y.2d 723, 728 [1998]; cf. Baraby v Baraby, 250 A.D.2d 201 [3d Dept 1998]).

The Support Magistrate providently exercised his discretion in imputing...

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