Opinion
October 13, 1998
Appeal from the Family Court, Suffolk County (Trainor, J.).
Ordered that the orders are affirmed, without costs or disbursements.
The Family Court was entitled to adopt the findings of the Hearing Examiner that the father willfully violated the child support order, without holding a new hearing before issuing the order of commitment ( see, Matter of Mazzilli v. Mazzilli, 248 A.D.2d 474; Louie v. Ong, 211 A.D.2d 495). Moreover, in light of the proof that the father owed child support arrears in the amount of $6,600, the $5,600 he was required to pay in order to purge the contempt was not unreasonable.
We defer to the findings of the Hearing Examiner and the Family Court who rejected as not credible the father's claim that he was unable to comply with the support order because he was unemployable due to physical disability, since they had the opportunity to see and hear the witnesses ( see, Matter of Jimenez v. Jimenez, 222 A.D.2d 589; Matter of Maddox v. Doty, 186 A.D.2d 135).
Mangano, P. J., Rosenblatt, Ritter and Altman, JJ., concur.