Opinion
2015-03814, Docket No. F-1485-00.
05-11-2016
In the Matter of Delsa FAUCONIER, respondent, v. Corey FAUCONIER, appellant.
Carol Kahn, New York, N.Y., for appellant. Steven C. Bernstein, Brooklyn, N.Y., for respondent.
Carol Kahn, New York, N.Y., for appellant.
Steven C. Bernstein, Brooklyn, N.Y., for respondent.
Opinion Appeal from an order of the Family Court, Richmond County (Arnold Lim, J.), dated April 23, 2015. The order confirmed findings of fact of that court (Gregory L. Gliedman, S.M.), dated January 29, 2015, made after a hearing, finding that the father had willfully violated a support order of that court and recommending that he be incarcerated, and set a purge amount of $8,000.
Motion by the respondent to dismiss the appeal on the ground that the appellant has waived the right to appeal under the fugitive disentitlement doctrine. By decision and order on motion of this Court dated January 7, 2016, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the submission of the appeal, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal is dismissed, without costs or disbursements.
As the mother correctly asserts, the fugitive disentitlement doctrine precludes the father from maintaining this appeal, in light of the fact that the father is not presently available to obey a mandate of the Court in the event of an affirmance, under the circumstances presented (see Matter of Allain v. Oriola–Allain, 123 A.D.3d 138, 995 N.Y.S.2d 105 ; Matter of Shehatou v. Louka, 118 A.D.3d 1357, 1358, 987 N.Y.S.2d 746 ; Matter of Christie S. v. Marqueo S., 106 A.D.3d 592, 965 N.Y.S.2d 348 ; Wechsler v. Wechsler, 45 A.D.3d 470, 473–474, 847 N.Y.S.2d 26 ; Matter of Joshua M. v. Dimari N., 9 A.D.3d 617, 619, 780 N.Y.S.2d 218 ; Matter of Skiff–Murray v. Murray, 305 A.D.2d 751, 753, 760 N.Y.S.2d 564 ).
HALL, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.