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Mass DOR/CSE ex rel. Cunningham v. Haystrand

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1235 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from Order of Ontario County Family Court, Harvey, J. — Support.


Order unanimously affirmed without costs. Memorandum: The record supports Family Court's determination that respondent willfully violated a prior support order. Respondent's undisputed failure to pay support constitutes prima facie evidence of willfulness ( see, Family Ct Act § 454 [a]; Matter of Powers v. Powers, 86 N.Y.2d 63, 69; Matter of Dart v. Howell, 237 A.D.2d 825). Family Court, which was in the best position to evaluate the evidence ( see, Matter of Susan M. v. Louis N., 206 A.D.2d 612, 614), was entitled to reject as lacking in credibility the testimony of respondent that he was unable to make the required payments.

Present — Denman, P. J., Green, Hayes, Callahan and Balio, JJ.


Summaries of

Mass DOR/CSE ex rel. Cunningham v. Haystrand

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1235 (N.Y. App. Div. 1998)
Case details for

Mass DOR/CSE ex rel. Cunningham v. Haystrand

Case Details

Full title:In the Matter of MASS DOR/CSE, on Behalf of KATHLEEN CUNNINGHAM…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 31, 1998

Citations

256 A.D.2d 1235 (N.Y. App. Div. 1998)
684 N.Y.S.2d 100