Livingston County Child Support Collection Unit v. Grimmelt

Appellate Division of the Supreme Court of New York

Livingston County Child Support Collection Unit v. Grimmelt

306 A.D.2d 930, 762 N.Y.S.2d 323, 2003 N.Y. App. Div. LEXIS 6793

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

DecidedJune 13, 2003

StatusPublished

Cited by2 cases

This text of 306 A.D.2d 930 (Livingston County Child Support Collection Unit v. Grimmelt) 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.

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Livingston County Child Support Collection Unit v. Grimmelt, 306 A.D.2d 930, 762 N.Y.S.2d 323, 2003 N.Y. App. Div. LEXIS 6793 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from an order of Family Court, Livingston County (Cicoria, J.), entered February 28, 2002, which committed respondent to jail.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of respondent that Family Court erred in committing him to jail pursuant to Family Ct Act § 454 (3) (a) based upon his willful violation of a child support order. The record supports the court’s determination that respondent failed to present credible evidence that he [931]*931was financially unable to comply with the order (see Matter of Powers v Powers, 86 NY2d 63, 70 [1995]; Matter of Commissioner of Social Servs. [Edwards] v Rosen, 289 AD2d 487, 488 [2001]). Present — Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.

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—Appeal from an order of Family Court, Livingston County (Cicoria, J.), entered February 28, 2002, which committed respondent to jail.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of respondent that Family Court erred in committing him to jail pursuant to Family Ct Act § 454 (3) (a) based upon his willful violation of a child support order. The record supports the court’s determination that respondent failed to present credible evidence that he [931]*931was financially unable to comply with the order (see Matter of Powers v Powers, 86 NY2d 63, 70 [1995]; Matter of Commissioner of Social Servs. [Edwards] v Rosen, 289 AD2d 487, 488 [2001]). Present — Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.

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306 A.D.2d 930, 762 N.Y.S.2d 323, 2003 N.Y. App. Div. LEXIS 6793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-county-child-support-collection-unit-v-grimmelt-nyappdiv-2003.

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