MATTER OF JULIANA R. v. OBIAJULU N.

Docket No. F-11273/17. Appeal No. 14588. Case No. 2021-01057.

199 A.D.3d 476 (2021)

154 N.Y.S.3d 242

2021 NY Slip Op 06108

In the Matter of Juliana R., Respondent, v. Obiajulu N., Appellant.

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

Decided November 9, 2021.


Attorney(s) appearing for the Case

Berke & Berke, New York ( Jeffrey R. Berke of counsel), for appellant.

Kleyman & Associates, P.C., New York ( Andriana Toscano of counsel), for respondent.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.


Insufficient evidence was adduced at the de novo hearing on the support petition to determine the father's income. As the Support Magistrate explicitly recognized, there was insufficient evidence to determine the parties' 2017, 2018, and 2019 incomes because no tax returns or annual wage statements were submitted for those years. Further, there were significant gaps in the evidence of the father's historic and current income, namely the absence of the father's tax returns...

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