Johnson v. Boone

Appellate Division of the Supreme Court of New York

Johnson v. Boone

289 A.D.2d 938, 734 N.Y.S.2d 523, 2001 N.Y. App. Div. LEXIS 12477

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 21, 2001

StatusPublished

Cited by7 cases

This text of 289 A.D.2d 938 (Johnson v. Boone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Boone, 289 A.D.2d 938, 734 N.Y.S.2d 523, 2001 N.Y. App. Div. LEXIS 12477 (N.Y. Ct. App. 2001).

Pincite

Opinion

Appeal unanimously dismissed without costs. Memorandum: Respondent appeals from an order of commitment directing that he be held in jail for four months for his willful violation of a child support order. The order of disposition finding a willful violation was made upon respondent’s default, and thus respondent’s contention that the violation was not willful is not properly before us (see, CPLR 5511; Hines v Hines, 125 AD2d 946). Respondent’s further contention concerning the jail term imposed is moot inasmuch as the order of commitment has since expired (cf., Matter of Bickwid v Deutsch, 87 NY2d 862). (Appeal from Order of Erie County Family Court, Townsend, J. — Commitment.) Present — Pigott, Jr., P. J., Pine, Hurlbutt, Burns and Gorski, JJ.

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Appeal unanimously dismissed without costs. Memorandum: Respondent appeals from an order of commitment directing that he be held in jail for four months for his willful violation of a child support order. The order of disposition finding a willful violation was made upon respondent’s default, and thus respondent’s contention that the violation was not willful is not properly before us (see, CPLR 5511; Hines v Hines, 125 AD2d 946). Respondent’s further contention concerning the jail term imposed is moot inasmuch as the order of commitment has since expired (cf., Matter of Bickwid v Deutsch, 87 NY2d 862). (Appeal from Order of Erie County Family Court, Townsend, J. — Commitment.) Present — Pigott, Jr., P. J., Pine, Hurlbutt, Burns and Gorski, JJ.

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Bluebook (online)

289 A.D.2d 938, 734 N.Y.S.2d 523, 2001 N.Y. App. Div. LEXIS 12477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-boone-nyappdiv-2001.

Opinion

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