Gioia v. Gioia
| Decision Date | 20 April 2022 |
| Docket Number | 2021–05266,Docket No. F–12280–09 |
| Citation | 204 A.D.3d 912,164 N.Y.S.3d 844 (Mem) |
| Parties | In the Matter of Andra GIOIA, respondent, v. Angelo J. GIOIA, appellant. |
| Court | New York Supreme Court — Appellate Division |
204 A.D.3d 912
164 N.Y.S.3d 844 (Mem)
In the Matter of Andra GIOIA, respondent,
v.
Angelo J. GIOIA, appellant.
2021–05266
Docket No. F–12280–09
Supreme Court, Appellate Division, Second Department, New York.
Submitted—March 31, 2022
April 20, 2022
Gail Jacobs, Great Neck, NY, for appellant.
ANGELA G. IANNACCI, J.P., REINALDO E. RIVERA, CHERYL E. CHAMBERS, PAUL WOOTEN, 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, Nassau County (Danielle M. Peterson, J.), dated June 21, 2021. The order of commitment, in effect, confirmed an order of disposition of the same court (Lisa M. Williams, S.M.) dated May 17, 2021, made after a hearing, determining that the father willfully violated a prior order of child support, and committed him to the custody of the Nassau County Correctional Facility for a period of 90 days unless he paid the purge amount.
ORDERED that the order of commitment is affirmed, without costs or disbursements.
The mother commenced this proceeding against the father, alleging that he was in willful violation of a child support order. Following a hearing, the Support Magistrate found, inter alia, that the father had willfully failed to comply with his child support obligations and recommended that the father be incarcerated. Thereafter, in an order of commitment dated June 21, 2021, the Family Court, in effect, confirmed the Support Magistrate's determination and committed the father to the custody of the Nassau County Correctional Facility for a period of 90 days unless he paid the purge amount of $13,000. The father appeals.
"At a hearing pursuant to Family Court Act § 454 to determine whether a respondent has ‘willfully failed to obey [a] lawful order of support,’ the burden is on the petitioner to establish that the respondent willfully violated the terms of the [order] by failing to pay the required support" ( Matter of Yuen v....
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