Matter of Sowe-Stevenson v Touray

Matter of Matter of Sowe-Stevenson v Touray 2012 NY Slip Op 02166 Decided on March 22, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 22, 2012
Tom, J.P., Friedman, Acosta, DeGrasse, Román, JJ.
7170

[*1]In re Aminata Sowe-Stevenson, Petitioner-Respondent,

v

Musa Touray, Respondent-Appellant.




Julie Hyman, P.C., Bronx (Julie Hyman of counsel), for
appellant.
Kasowitz, Benson, Torres & Friedman LLP, New York (David
G. Skillman of counsel), for respondent.

Order, Family Court, Bronx County (James E. d'Auguste, J.), entered on or about June 20, 2011, which denied appellant's objection to an order of support (Alicea Elloras, S.M.), dated October 13, 2010, unanimously affirmed, without costs.

The Support Magistrate was not required to rely on appellant's contradictory testimony regarding his income and expenses where he failed to complete the requisite financial disclosure affidavit and provided two conflicting sets of tax returns for 2008 and 2009 (see Family Court Act § 413[1][k]; Matter of Saladin v Vicari, 23 AD3d 215 [2005]). Appellant provided no documents which reliably supported his claimed income or business expenses, so a needs-based determination was appropriate (see Matter of Darren F. v Marie-Amina T., 58 AD3d 493 [2009], lv denied 12 NY3d 879 [2009]).

We have considered and rejected appellant's other arguments, as well as petitioner's argument that the appeal should be
dismissed.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 22, 2012

CLERK