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Matter of Johnson v. Boone

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 938 (N.Y. App. Div. 2001)

Opinion

(1242) CAF 00-00775

December 21, 2001.

(Appeal from Order of Erie County Family Court, Townsend, J. — Commitment.)

PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, BURNS AND GORSKI, JJ.


Appeal unanimously dismissed without costs.

Memorandum:

Respondent appeals from an order of commitment directing that he be held in jail for four months for his willful violation of a child support order. The order of disposition finding a willful violation was made upon respondent's default, and thus respondent's contention that the violation was not willful is not properly before us ( see, CPLR 5511; Hines v. Hines, 125 A.D.2d 946). Respondent's further contention concerning the jail term imposed is moot inasmuch as the order of commitment has since expired ( cf., Matter of Bickwid v. Deutsch, 87 N.Y.2d 862).


Summaries of

Matter of Johnson v. Boone

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 938 (N.Y. App. Div. 2001)
Case details for

Matter of Johnson v. Boone

Case Details

Full title:MATTER OF SHANA C. JOHNSON, PETITIONER-RESPONDENT, v. JAMES BOONE, JR.…

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

Date published: Dec 21, 2001

Citations

289 A.D.2d 938 (N.Y. App. Div. 2001)
734 N.Y.S.2d 523

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