Matter of Bronstein-Becher v. Becher
| Decision Date | 31 January 2006 |
| Docket Number | 2004-11006.,2004-11007.,2004-11005. |
| Parties | In the Matter of MINA BRONSTEIN-BECHER, Respondent, v. YEHUDAH BECHER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the orders and the order of commitment are affirmed, without costs or disbursements.
In December 2000 the father was directed to pay support for his two children. During a hearing pursuant to a violation petition, the evidence revealed that the father failed to make the requisite child support payments. Failure to pay support as ordered constitutes "`prima facie evidence of a willful violation'" (Matter of Powers v Powers, 86 NY2d 63, 69 [1995], quoting Family Ct Act § 454 [3] [a]; see also Reisner v Reisner, 224 AD2d 602 [1996]). Once prima facie evidence of willful violation was presented, the burden shifted to the father to offer competent, credible evidence of his inability to make the support payments (see Matter of Powers v Powers, supra; Reisner v Reisner, supra).
At the hearing, the father's attorney sought to introduce into evidence medical reports from the father's psychiatrist, Dr. Edward M. Stephens. While the reports were certified, the hearing court found them to be inadmissible, stating they were The hearing court was correct in refusing to accept Dr. Stephen's medical reports into evidence. "[A] physician's office records, supported by the statutory foundations set forth in CPLR 4518 (a), are admissible in evidence as business records" (Wilson v Bodian, 130 AD2d 221, 231 [1987]). However, medical reports, as opposed to day-to-day business entries of a treating physician, are not admissible as business records where they contain the doctor's opinion or expert proof (see Komar v Showers, 227 AD2d 135, 136 [1996]; Hefte v Bellin, 137 AD2d 406, 408 [1988]; Wilson v Bodian,...
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