Opinion
2000-06854
Submitted May 11, 2001.
December 17, 2001.
In a support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Lehman, J.), dated July 12, 2000, which confirmed a determination of the same court (Livrieri, H.E.), dated July 12, 2000, finding that he willfully failed to obey an order of the same court, dated February 24, 2000, and thereupon committed him to term of 45 days incarceration unless he purged himself of his contempt by paying the sum of $3,440 arrears of child support.
Albert E. Norato, Jr., Central Islip, N.Y., for appellant.
Before: GABRIEL M. KRAUSMAN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, without costs of disbursements.
It was proper for the Family Court to rely upon the determination of the Hearing Examiner in finding the father to be in willful violation of an order of support (see, Dariff v. Moskowitz, 252 A.D.2d 584; Faulkner v. Faulkner, 250 A.D.2d 767; Stone v. Stone, 236 A.D.2d 615; Wilkinson v. Wilkinson, 232 A.D.2d 572). Accordingly, there is no merit to the father's contention that the Family Court erred in refusing to hold another hearing on the issue of his ability to pay.
The father's remaining contentions are without merit.
KRAUSMAN, J.P., FLORIO, FEUERSTEIN and COZIER, JJ., concur.