1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 160 A.D.3d
  5. 160 A.D.3d 218 (2018)
 

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases