Fusco v. Fusco
| Decision Date | 30 December 2015 |
| Parties | In the Matter of Victoria J. FUSCO, respondent, v. Anthony S. FUSCO, appellant. |
| Court | New York Supreme Court — Appellate Division |
134 A.D.3d 1112
22 N.Y.S.3d 559
In the Matter of Victoria J. FUSCO, respondent,
v.
Anthony S. FUSCO, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 30, 2015.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.
Thomas T. Keating, Dobbs Ferry, N.Y., for respondent.
JOHN M. LEVENTHAL, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, and SYLVIA O. HINDS–RADIX, JJ.
Appeal from an order of the Family Court, Putnam County (Denise M. Watson, J.), dated March 12, 2014. The order confirmed the finding of a Support Magistrate (Rachelle C. Kaufman, S.M.), made after a hearing, that the father willfully violated a prior order of child support and directed that he be
committed to the Putnam County Jail for a period of six months unless he paid arrears in the principal sum of $15,972.
ORDERED that the appeal from so much of the order as directed that the father be incarcerated for a period of six months is dismissed as academic, as the period of incarceration has expired (see Matter of Gillison v. Gillison, 127 A.D.3d 1082, 7 N.Y.S.3d 502 ); and it is further,
ORDERED that the order is affirmed insofar as reviewed; and it is further,
ORDERED that one bill of costs is awarded to the mother.
The mother commenced this proceeding against the father pursuant to Family Court Act article 4 seeking child support. By order dated October 18, 2013, a Support Magistrate found, after a hearing, that the father willfully violated a prior order dated July 5, 2012, directing him to pay child support for the parties' three minor children. By order dated March 12, 2014, the Family Court confirmed the finding of the Support Magistrate, and the father appeals from that order.
The mother met her prima facie burden of demonstrating that the father willfully...
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