Opinion
2000-08875
Submitted November 13, 2001.
December 17, 2001.
In a support proceeding pursuant to Family Court Act article 4, Richard Castellano appeals from an order of the Family Court, Richmond County (Clark, J.), dated August 31, 2000, which denied his objections to an order of the same court, dated July 24, 2000 (Fondacaro, H.E.), which, after a hearing, inter alia, found that he willfully violated a prior judgment of the same court, dated October 24, 1990.
Menicucci Associates, PLLC, Staten Island, N.Y. (Pamela I. Tillman and Michael V. Ajello of counsel), for appellant.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, SONDRA MILLER, JJ.
ORDERED that the order is affirmed, without costs or disbursements.
"[F]ailure to pay support as ordered itself constitutes prima facie evidence of a willful violation" (Powers v. Powers, 86 N.Y.2d 63, 69). Thus, proof alone that the appellant failed to pay support as ordered, by itself, established willfulness, shifting the burden to the appellant to demonstrate some evidence of an inability to pay (see, Powers v. Powers, supra, at 68; Matter of Nieves v. Gordon, 264 A.D.2d 445; Matter of Makawi v. Makawi, 262 A.D.2d 487; Matter of Warner v. Monroe, 262 A.D.2d 684, 686; Matter of Modica v. Thompson, 258 A.D.2d 653, 654).
In light of the testimony elicited from the appellant relating to, inter alia, his recent purchase of a new home and a built-in swimming pool, and his ownership of a commercial building with six tenants, we find no basis to disturb the Family Court's conclusion that his disobedience of a prior order of support was willful (see, Matter of Makawi v. Makawi, supra, 262 A.D.2d at 487).
The appellant's remaining contentions are either unpreserved for appellate review or without merit.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and S. MILLER, JJ., concur.