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Matter of Rosenberg v. Rosenberg

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 666 (N.Y. App. Div. 1995)

Opinion

May 22, 1995

Appeal from the Family Court, Westchester County (Bellantoni, J.).


Ordered that the order of commitment is affirmed, with costs.

Contrary to the appellant's arguments, the record supports the Family Court's determination that he was in willful noncompliance with a prior order of support. Indeed, although he failed to make the required support payments, the appellant testified that he was earning $75,000 per year and that he was in the process of purchasing a lucrative dental practice (see, Matter of Orzechowski v Orzechowski, 206 A.D.2d 535; Badenhop v Badenhop, 84 A.D.2d 773).

Further, because the record reveals that alternative remedies would have been ineffectual, the court did not improvidently exercise its discretion when it sentenced the appellant to a six-month period of incarceration (see, Ruggerio v Ruggerio, 173 A.D.2d 595; Matter of Aron v Aron, 140 A.D.2d 697).

We have considered the appellant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Miller, Ritter and Krausman, JJ., concur.


Summaries of

Matter of Rosenberg v. Rosenberg

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 666 (N.Y. App. Div. 1995)
Case details for

Matter of Rosenberg v. Rosenberg

Case Details

Full title:In the Matter of ROCHELLE ROSENBERG, Respondent, v. MARC D. ROSENBERG…

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

Date published: May 22, 1995

Citations

215 A.D.2d 666 (N.Y. App. Div. 1995)
628 N.Y.S.2d 499