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In the Matter of Lipscomb v. Lipscomb

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1202 (N.Y. App. Div. 2004)

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).


Summaries of

In the Matter of Lipscomb v. Lipscomb

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1202 (N.Y. App. Div. 2004)
Case details for

In the Matter of Lipscomb v. Lipscomb

Case Details

Full title:MATTER OF JACQUELINE LIPSCOMB, PETITIONER-RESPONDENT, v. BOBBY G…

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

Date published: Apr 30, 2004

Citations

6 A.D.3d 1202 (N.Y. App. Div. 2004)
775 N.Y.S.2d 710