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Matter of Dariff v. Moskowitz

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1998
252 A.D.2d 584 (N.Y. App. Div. 1998)

Opinion

July 27, 1998

Appeal from the Family Court, Queens County (Freeman, J.).


Ordered that the order as amended is affirmed, without costs or disbursements.

It was proper for the Family Court to rely upon the determination of the Hearing Examiner in finding the appellant to be in willful violation of an order of support (see, Matter of Mazzilli v. Mazzilli, 248 A.D.2d 474). There is no merit to the appellant's contention that the hearing was improperly conducted so as to deny him due process. The record reveals that the appellant did not sustain his burden to rebut the prima facie evidence of willfulness established by his admission that he failed to pay previously-ordered support by showing sufficient proof of his inability to pay (see, Family Ct Act § 454 [a]; Matter of Stone v. Stone, 236 A.D.2d 615; Matter of Bickwid v. Deutsch, 229 A.D.2d 533).

The appellant's remaining contentions are without merit.

Mangano, P. J., Thompson, Santucci and Altman, JJ., concur.


Summaries of

Matter of Dariff v. Moskowitz

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1998
252 A.D.2d 584 (N.Y. App. Div. 1998)
Case details for

Matter of Dariff v. Moskowitz

Case Details

Full title:In the Matter of BARBARA DARIFF, Respondent, v. ERIC MOSKOWITZ, Appellant

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

Date published: Jul 27, 1998

Citations

252 A.D.2d 584 (N.Y. App. Div. 1998)
675 N.Y.S.2d 306

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