Espinal-Melendez v. Vasquez
| Decision Date | 18 April 2018 |
| Docket Number | 2017–04828,Docket No. F–14566–15/16A |
| Citation | 160 A.D.3d 852,74 N.Y.S.3d 82 |
| Parties | In the Matter of Brunilda ESPINAL–MELENDEZ, respondent, v. Luis A. VASQUEZ, appellant. |
| Court | New York Supreme Court — Appellate Division |
160 A.D.3d 852
74 N.Y.S.3d 82
In the Matter of Brunilda ESPINAL–MELENDEZ, respondent,
v.
Luis A. VASQUEZ, appellant.
2017–04828
Docket No. F–14566–15/16A
Supreme Court, Appellate Division, Second Department, New York.
Submitted—March 12, 2018
April 18, 2018
Laurette D. Mulry, Central Islip, N.Y. (Jose F. Canosa of counsel), for appellant.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of commitment of the Family Court, Suffolk County (Frank A. Tantone, J.), dated April 21, 2017. The order of commitment, in effect, confirmed findings of fact and an order of disposition of the same court (Darlene Jorif–Mangane, S.M.), both dated March 13, 2017, finding that the father willfully violated a prior order of child support, and committed him to the custody of the Suffolk County Correctional Facility for a period of 60 days unless he paid the purge amount of $5,000.
ORDERED that the appeal from so much of the order of commitment as committed the father to the Suffolk County Correctional Facility for a period of 60 days is dismissed as academic, without costs or disbursements, as the period of incarceration has expired (see Matter of Becker v. Guenther , 150 A.D.3d 985, 55 N.Y.S.3d 148 ); and it is further,
ORDERED that the order of commitment is affirmed insofar as reviewed, without costs or disbursements.
In September 2015, the mother commenced a proceeding pursuant to Family Court Act article 4 against the father for child support. On December 16, 2015, the Family Court held an inquest, at which the father did not appear. In an order dated December 17, 2015, entered upon the father's default, the court directed the father to pay the sum of $1,428.50 per month in child support. In July 2016, the mother commenced this proceeding alleging that the father was in willful violation of the support order. Thereafter, the father moved, inter alia, pursuant to CPLR 5015(a)(1) to vacate the support order....
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..." ‘Failure to pay support, as ordered, constitutes prima facie evidence of a willful violation’ " ( Matter of Espinal–Melendez v. Vasquez, 160 A.D.3d 852, 854, 74 N.Y.S.3d 82, quoting Matter of Schad v. Schad, 158 A.D.3d 705, 706, 70 N.Y.S.3d 568 ; see Family Ct. Act § 454[3][a] ). "Thus, p......
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Kathleen M. H. v. John J. C., 11319
...that respondent was incredible in claiming that he lacked income and was unable to work (see Matter of Espinal–Melendez v. Vasquez , 160 A.D.3d 852, 854, 74 N.Y.S.3d 82 [2d Dept. 2018]...
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Atkinson v. Atkinson
..." ‘Failure to pay support, as ordered, constitutes prima facie evidence of a willful violation’ " ( Matter of Espinal–Melendez v. Vasquez , 160 A.D.3d 852, 854, 74 N.Y.S.3d 82, quoting Matter of Schad v. Schad , 158 A.D.3d at 706, 70 N.Y.S.3d 568 ; see Family Ct Act § 454[3][a] ). "Thus, pr......
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...defense (see Matter of Destinee L.M.L. [Marlene O.], 165 A.D.3d at 673, 85 N.Y.S.3d 207 ; Matter of Espinal–Melendez v. Vasquez, 160 A.D.3d 852, 852, 74 N.Y.S.3d 82 ).Accordingly, we agree with the Family Court's determination denying the father's motion. RIVERA, J.P., COHEN, MILLER and BAR......