Ceballos v. Castillo, 2010-03894

• Decision Date: 28 June 2011
• Docket Number: 2010-03894,Docket No. F-4239-05/09C,2010-03895,2010-07058
• Parties: In the Matter of Juan Carlos Ceballos, appellant, v. Bertha A. Castillo, respondent. (Proceeding No. 1) In the Matter of Westchester County Commissioner of Social Services, on behalf of Bertha A. Castillo, respondent, v. Juan Carlos Ceballos, appellant. (Proceeding No. 2)
• Court: New York Supreme Court — Appellate Division

2011 NY Slip Op 05695

In the Matter of Juan Carlos Ceballos, appellant,
v.
Bertha A. Castillo, respondent. (Proceeding No. 1)
In the Matter of Westchester County Commissioner of Social Services, on behalf of Bertha A. Castillo, respondent,
v.
Juan Carlos Ceballos, appellant. (Proceeding No. 2)

2010-03894
2010-03895
2010-07058
Docket No. F-4239-05/09C

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

Decided on June 28, 2011

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON L. PRISCILLA HALL SANDRA L. SGROI, JJ.

George E. Reed, Jr., White Plains, N.Y., for appellant.

DECISION & ORDER

In two related child support proceedings pursuant to Family Court Act article 4, the father appeals (1), as limited by his brief, from so much of an order of the Family Court, Westchester County (Jordan, S.M.), entered January 11, 2010, made after a hearing, as denied his petition for downward modification of his child support obligation as set forth in a prior order of the same court dated April 11, 2005, entered on consent, determined that he willfully violated the child support order dated April 11, 2005, and recommended that he be incarcerated for a period of six months unless he purged the contempt as directed by the Family Court at the confirmation proceeding, (2) from an order of the same court (Horowitz, J.), entered April 13, 2010, which denied his objections to the order entered January 11, 2010, and (3) from an order of commitment of the same court (Horowitz, J.), dated July 9, 2010, which, upon, in effect, confirming the finding of willfulness, directed that he be incarcerated in the Westchester County Jail for a period of six months with the opportunity to purge his contempt by payment of the sum of $1,140.

ORDERED that the appeal from the order entered January 11, 2010, is dismissed, without costs or disbursements, as that order was superseded by the orders entered April 13, 2010 and dated July 9, 2010, respectively; and it is further,

ORDERED that the order entered April 13, 2010, is modified, on the law and on the facts, by deleting the provision thereof denying the father's objections to so much of the order entered January 11, 2010, as denied...