Dezil v. Garlick
| Citation | 136 A.D.3d 904,25 N.Y.S.3d 337 |
| Parties | In the Matter of Patrick DEZIL, respondent, v. Tiffany GARLICK, appellant. |
| Decision Date | 17 February 2016 |
| Court | New York Supreme Court — Appellate Division |
136 A.D.3d 904
25 N.Y.S.3d 337
In the Matter of Patrick DEZIL, respondent,
v.
Tiffany GARLICK, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 17, 2016.
Jan Murphy, Huntington, N.Y., for appellant.
RUTH C. BALKIN, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, and JOSEPH J. MALTESE, JJ.
Appeal from an order of commitment of the Family Court, Nassau County (Conrad D. Singer, J.), dated November 24, 2014. The order of commitment confirmed findings of fact and an order of disposition of that court (Neil T. Miller, S.M.) dated November 18, 2014, made after a hearing, finding that the mother willfully violated a prior order of child support, and committed her to the custody of the Nassau County Correctional Facility for a period of 120 days unless she paid the purge amount of $7,053.08.
ORDERED that the appeal from so much of the order of commitment as committed the mother to the custody of the Nassau County Correctional Facility for a period of 120 days is dismissed as academic, without costs or disbursements, as the period of incarceration has expired (see Matter of Rodriguez v. Suarez, 93 A.D.3d 730, 939 N.Y.S.2d 870 ); and it is further,
ORDERED that the order of commitment is affirmed insofar as reviewed, without costs or disbursements.
The father, who was awarded sole physical and legal custody of the parties' child, commenced this proceeding alleging that the mother was in willful violation of an order of child support dated February 14, 2013. Following a hearing, the Support Magistrate made fact-findings that the
mother was in willful violation of the order of support and issued an order of disposition recommending that the mother be held in contempt of court and that the court consider a period of incarceration. The Family Court confirmed the Support Magistrate's findings of fact, granted the father's petition, and issued an order of commitment committing the mother to the custody of the Nassau County Correctional Facility for a period of 120 days unless she paid a purge amount of...
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Brewster v. Davidson
...is dismissed as academic, without costs or disbursements, as the period of incarceration has expired (see Matter of Dezil v. Garlick, 136 A.D.3d 904, 905, 25 N.Y.S.3d 337 ); and it is further,ORDERED that the order of commitment is affirmed insofar as reviewed, without costs or disbursement......
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...of child support is not academic (see Matter of Stradford v. Blake, 141 A.D.3d 725, 725, 35 N.Y.S.3d 467 ; Matter of Dezil v. Garlick, 136 A.D.3d 904, 905, 25 N.Y.S.3d 337). Failure to pay support, as ordered, constitutes prima facie evidence of a willful violation (see Family Ct Act § 454[......
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...of incarceration has expired (see Matter of Rojas–Paredes v. Lewis , 149 A.D.3d 844, 844, 51 N.Y.S.3d 601 ; Matter of Dezil v. Garlick , 136 A.D.3d 904, 905, 25 N.Y.S.3d 337 ; Matter of Smith v. Jeffers , 110 A.D.3d 904, 904, 972 N.Y.S.2d 711 ). However, the appeal from so much of the order......
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