Erie Cnty. Dep't of Soc. Servs. ex rel. Finley v. Morris

Full title: IN THE MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Oct 2, 2015

2015 N.Y. Slip Op. 7126 (N.Y. App. Div. 2015)

Opinion

1027 CAF 14-00691

10-02-2015

IN THE MATTER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF ARQUETTE FINLEY, PETITIONER-RESPONDENT, v. VERNON MORRIS, JR., RESPONDENT-APPELLANT. (APPEAL NO. 2.)

LOVALLO & WILLIAMS, BUFFALO (TIMOTHY R. LOVALLO OF COUNSEL), FOR RESPONDENT-APPELLANT. CHARLES J. GALLAGHER, JR., BUFFALO, FOR PETITIONER-RESPONDENT.

CENTRA, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ.

PRESENT:

LOVALLO & WILLIAMS, BUFFALO (TIMOTHY R. LOVALLO OF COUNSEL), FOR RESPONDENT-APPELLANT.

CHARLES J. GALLAGHER, JR., BUFFALO, FOR PETITIONER-RESPONDENT.

Appeal from an order of the Family Court, Erie County (Deanne M. Tripi, J.), entered March 7, 2014 in a proceeding pursuant to Family Court Act article 4. The order found that respondent had willfully failed to obey an order of the court and sentenced respondent to six months of incarceration.

It is hereby ORDERED that said appeal from the order insofar as it found that respondent willfully disobeyed a support order is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Matter of Erie County Dept. of Social Servs. v Morris ([appeal No. 1] ___ AD3d ___ [Oct. 2, 2015]).

Entered: October 2, 2015

Frances E. Cafarell

Clerk of the Court