Opinion
June 10, 1998
Appeal from Order of Jefferson County Family Court, Hunt, J. — Support.
Present — Denman, P. J., Hayes, Pigott, Jr., Balio and Fallon, JJ.
Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order of commitment entered following a hearing. The evidence adduced at the hearing, which established that respondent failed to comply with a support order, was prima facie evidence, of a willful violation ( see, Family Ct Act § 454 [a]; Matter of Rosa v. Borowski, 101 A.D.2d 668). Respondent testified regarding the circumstances surrounding his failure to comply with the support order. Family Court found that respondent's testimony was incredible. There is no reason to disturb that finding ( see, Matter of Tarbell v. Tarbell, 241 A.D.2d 702; Matter of Van Demark v. Van Demark, 144 A.D.2d 862, 863).