Opinion
2013-05-23
In re CHRISTIE S., Petitioner–Respondent, v. MARQUEO S., Respondent–Appellant.
Carol Kahn, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Deborah A. Brenner of counsel), for respondent.
Carol Kahn, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Deborah A. Brenner of counsel), for respondent.
Appeal from order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about May 16, 2012, which confirmed the Support Magistrate's finding that respondent-appellant father had willfully violated an order of support, dated August 23, 2006, and set an undertaking in the amount of $6,000, unanimously dismissed, without costs.
As appellant resides in New Jersey, beyond the scope of the arrest warrant issued by the Family Court in connection with this matter, and he has not been in contact with his appellate counsel, he is presently a fugitive who is unavailable to obey the Family Court's mandate in the event of an affirmance ( Matter of Skiff–Murray v. Murray, 305 A.D.2d 751, 752–753, 760 N.Y.S.2d 564 [3d Dept. 2003] ). Accordingly, his appeal may not be heard ( id. at 753, 760 N.Y.S.2d 564;see also Wechsler v. Wechsler, 45 A.D.3d 470, 472, 847 N.Y.S.2d 26 [1st Dept. 2007] ).