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CARNEY v. CARNEY

18 CA 17-01228.

160 A.D.3d 218 (2018)

73 N.Y.S.3d 694

2018 NY Slip Op 02034

JUN W. CARNEY, Respondent, v. PATRICK J. CARNEY, Appellant. TIMOTHY P. DONAHER, Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 23, 2018.

Attorney(s) appearing for the Case

Harris Beach PLLC, Pittsford ( Svetlana K. Ivy of counsel), for defendant-appellant and appellant.

Michael Steinberg , Rochester, for respondent.

Chief Defenders Association of New York, Albany ( James A. Hobbs of counsel), and The Legal Aid Bureau of Buffalo, Inc., Buffalo, for Chief Defenders Association of New York, amici curiae.

WHALEN, P.J., LINDLEY, NeMOYER and TROUTMAN, JJ., concur.

OPINION OF THE COURT

In these consolidated appeals, we must determine whether courts may impute income to a party in determining the party's eligibility for assigned counsel. We hold that courts have no such authority.

I

Plaintiff and defendant are the divorced parents of two children. Following the divorce...

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