Bonneau v. Bonneau

Decision Date12 July 2012
PartiesIn the Matter of Penny A. BONNEAU, Respondent, v. Daniel R. BONNEAU Jr., Appellant.
CourtNew York Supreme Court — Appellate Division

97 A.D.3d 917
948 N.Y.S.2d 728
2012 N.Y. Slip Op. 05572

In the Matter of Penny A. BONNEAU, Respondent,
v.
Daniel R. BONNEAU Jr., Appellant.

Supreme Court, Appellate Division, Third Department, New York.

July 12, 2012.


[948 N.Y.S.2d 729]


Aaron A. Louridas, Delmar, for appellant.


Before: PETERS, P.J., LAHTINEN, SPAIN, MALONE JR. and GARRY, JJ.


GARRY, J.

[97 A.D.3d 917]Appeal from an order of the Family Court of Fulton County (Skoda, J.), entered May 3, 2011, which, in a proceeding pursuant to Family Ct. Act article 4, revoked respondent's suspended sentence of incarceration.

Respondent is responsible for payment of child support on behalf of his son (born in 1993). In July 2009, upon respondent's consent, Family Court issued an order sentencing him to a jail term of 180 days for his willful violation of a support order, and suspended the sentence on the condition that all payments would be timely made. Respondent failed to make payments thereafter and, following a hearing in April 2011, Family Court revoked the suspension and imposed a purge amount of $5,000.1 Respondent appeals.

Upon finding that a support order was willfully violated, Family Court may order commitment to jail for no more than six months and may suspend the order of commitment ( seeFamily Ct. Act § 454[3][a]; § 455[1] ). The suspension may be revoked at any time “[f]or good cause shown” (Family Ct. Act § 455[1]; see Matter of Horike v. Freedman, 81 A.D.3d 1091, 1091, 916 N.Y.S.2d 530 [2011],lv. denied and dismissed16 N.Y.3d 889, 924 N.Y.S.2d 318, 948 N.E.2d 924 [2011] ), and we find that it was here. At the April 2011 hearing, the parties stipulated that respondent made payments until November 2010. Respondent admitted that he thereafter failed to make payments between November 2010 and March 2011, but claimed that this resulted from the loss of his job, difficulty in securing new employment and the denial of his application for unemployment benefits. [97 A.D.3d 918]Respondent testified that these misfortunes were caused by the suspension of his driver's license for failure to pay child support, but he also acknowledged that he was terminated from his job and denied unemployment benefits for misconduct in allegedly damaging a customer's car, that his failure to pay various fines had contributed to the suspension of his driver's license, and that

[948 N.Y.S.2d 730]

he could have obtained a conditional license by signing a confession of judgment as to his child support arrears, but had...

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13 cases
  • Ames v. Ames
    • United States
    • New York Supreme Court — Appellate Division
    • 12 July 2012
    ...v. Amato, 51 A.D.3d 1123, 1124–1125, 857 N.Y.S.2d 778 [2008] ). Given the age of the child and the other particular circumstances present [97 A.D.3d 917]here, we discern no abuse of Family Court's discretion [947 N.Y.S.2d 840]in failing to appoint an attorney for the child ( see Moor v. Moo......
  • In re Isaiah M.
    • United States
    • New York Supreme Court — Appellate Division
    • 23 November 2016
    ...jail and, therefore, any issues relating to those prior orders are not properly before us (see generally Matter of Bonneau v. Bonneau, 97 A.D.3d 917, 918, 948 N.Y.S.2d 728 [2012], lv. denied 19 N.Y.3d 815, 2012 WL 5308087 [2012] ; Matter of McDowell v. Domenech, 31 A.D.3d 554, 555, 817 N.Y.......
  • In re Bryce Q.
    • United States
    • New York Supreme Court — Appellate Division
    • 13 July 2017
    ...1452, 43 N.Y.S.3d 155 [2016], lv. dismissed 28 N.Y.3d 1129, 45 N.Y.S.3d 370, 68 N.E.3d 98 [2017] ; see Matter of Bonneau v. Bonneau, 97 A.D.3d 917, 918, 948 N.Y.S.2d 728 [2012], lv. denied 19 N.Y.3d 815, 2012 WL 5308087 [2012] ). As for the March 2016 order itself, respondent did not provid......
  • Bennett v. Abbey
    • United States
    • New York Supreme Court — Appellate Division
    • 14 July 2016
    ...department of social services, production of such records would not reflect favorably upon his client (see Matter of Bonneau v. Bonneau, 97 A.D.3d 917, 918, 948 N.Y.S.2d 728 [2012], lv. denied 19 N.Y.3d 815, 2012 WL 5308087 [2012] ; Matter of Hurlburt v. Behr, 70 A.D.3d 1266, 1267–1268, 897......
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