Matter of Meyerhoff v. Brown

Full title: In the Matter of ERICKA MEYERHOFF, Respondent, v. RICHARD BROWN, Appellant

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

Date published: Sep 30, 1994

207 A.D.2d 1018 (N.Y. App. Div. 1994)

617 N.Y.S.2d 697

Opinion

September 30, 1994

Appeal from the Onondaga County Family Court, Hedges, J.

Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.

Order unanimously affirmed with costs. Memorandum: Family Court properly found that respondent willfully violated the order of support incorporated in the parties' judgment of divorce (see, Family Ct Act § 454; Matter of D'Angelo v. D'Angelo, 57 A.D.2d 1042). Respondent contended that petitioner frustrated his efforts to obtain payments from his health insurance carrier and therefore his violation of the support order was not "willful". The record supports the court's resolution of that issue.

The issue concerning attorney's fees is not properly before us because that part of the order appealed from is not final (see, Family Ct Act § 1112 [a]; Staley v. Staley, 134 A.D.2d 911). Finally, we have reviewed the remaining issues raised by respondent and conclude that they are without merit.