Opinion
CAF 03-00532.
Decided April 30, 2004.
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered February 7, 2003. The order confirmed the determination of a hearing examiner finding respondent in contempt for willfully violating a child support order.
ALAN BIRNHOLZ, AMHERST, FOR RESPONDENT-APPELLANT.
Before: PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, SCUDDER, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We reject the contention of respondent that Family Court erred in determining that he willfully violated a child support order. The record supports the court's determination that respondent failed to present credible evidence that he was financially unable to comply with the order ( see Matter of Powers v. Powers, 86 N.Y.2d 63, 70; Matter of Commissioner of Social Servs. v. Rosen, 289 A.D.2d 487, 488).