Opinion
May 30, 1995
Appeal from the Family Court, Queens County (Lubow, J.).
Ordered that the orders dated October 5, 1993, and November 16, 1993, are affirmed, without costs or disbursements; and it is further,
Ordered that the order dated January 11, 1994, is modified, by adding a provision thereto conditioning the appellant's release upon his continued compliance with the prior orders of the court including, inter alia, that he make child support payments (including the pro-rated arrearages) and that he post a $1,000 bond toward future payments; as so modified, the order dated January 11, 1994, is affirmed, without costs or disbursements.
Contrary to the appellant's assertions, the record supports the Family Court's determination that his noncompliance with the court's prior orders was willful (see, Matter of Orzechowski v Orzechowski, 206 A.D.2d 535; Matter of Porcelain v Porcelain, 143 A.D.2d 834; Matter of Aron v Aron, 140 A.D.2d 697; Matter of Nassau County Dept. of Social Servs. v Walker, 95 A.D.2d 855). Accordingly, the court did not improvidently exercise its discretion in ordering him committed to a six-month term of incarceration (see, Family Ct Act § 454). However, we modify the order dated January 11, 1994, by conditioning the appellant's release upon his continued compliance with the prior orders of the court requiring, inter alia, that he make child support payments (including the pro-rated arrearages) and that he post a $1,000 bond toward future payments (cf., Hicks v Feiock, 485 U.S. 624).
We have considered the appellant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Ritter, Pizzuto and Krausman, JJ., concur.