Opinion
2018–13429 Docket Nos. U–7134–16/17A/18B
11-27-2019
In the Matter of Leonna SYLVESTER, appellant, v. Jason GOFFE, respondent.
Orrick, Herrington & Sutcliffe LLP, New York, N.Y. (Rene´ Kathawala of counsel), for appellant.
Orrick, Herrington & Sutcliffe LLP, New York, N.Y. (Rene´ Kathawala of counsel), for appellant.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, JOHN M. LEVENTHAL, LINDA CHRISTOPHER, JJ.
DECISION & ORDER In a proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Nassau County (Conrad D. Singer, J.), dated October 18, 2018. The order, insofar as appealed from, denied the mother's objections to so much of an order of disposition of the same court (Adam E. Small, S.M.) dated August 29, 2018, as declined to issue an order of commitment based on the father's willful failure to pay child support.
ORDERED that the order dated October 18, 2018, is affirmed insofar as appealed from, without costs or disbursements.
We agree with the Family Court's determination to deny the mother's objections to so much of the Support Magistrate's order of disposition as declined to issue an order of commitment based on the father's willful failure to pay child support. Contrary to the mother's contention, the Support Magistrate complied with Family Court Act § 454(4) by setting forth in his findings of fact, which were incorporated into the order of disposition, that the decision to decline to recommend commitment was based on the facts and circumstances existing at the time.
MASTRO, J.P., CHAMBERS, LEVENTHAL and CHRISTOPHER, JJ., concur.