O'Sullivan v. Katz

• Decision Date: 10 February 2011
• Citation: 916 N.Y.S.2d 93,81 A.D.3d 480
• Parties: Michael P. O'SULLIVAN, Petitioner-Appellant, v. Beth Judy KATZ, Respondent-Respondent.
• Court: New York Supreme Court — Appellate Division

916 N.Y.S.2d 93
81 A.D.3d 480

Michael P. O'SULLIVAN, Petitioner-Appellant,
v.
Beth Judy KATZ, Respondent-Respondent.

Supreme Court, Appellate Division, First Department, New York.

Feb. 10, 2011.

916 N.Y.S.2d 94

Michael P. O'Sullivan, appellant pro se.

Beth Judy Katz, respondent pro se.

GONZALEZ, P.J., TOM, ANDRIAS, ACOSTA, ABDUS-SALAAM, JJ.

Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about July 23, 2010, which granted respondent's objection to the support magistrate's March 12, 2010 order terminating petitioner's support obligation, and reinstated the order of support, unanimously affirmed, without costs.

The evidence in the record sufficiently supports the Family Court's finding that the father failed to meet his burden to show that the child was constructively emancipated ( see Schneider v. Schneider, 116 A.D.2d 714, 498 N.Y.S.2d 23 [1986]; Radin v. Radin, 209 A.D.2d 396, 618 N.Y.S.2d 105 [1994] ).

The child's failure to return the father's telephone calls or contact him "merely indicates that there was a reluctance on the [child]'s part to contact him" and not that the child abandoned the relationship with the father ( Radin, 209 A.D.2d at 396, 618 N.Y.S.2d 105). Further, the child did not completely refuse to have a relationship with the father ( compare Labanowski v. Labanowski, 4 A.D.3d 690, 772 N.Y.S.2d 734 [2004]; Chamberlin v. Chamberlin, 240 A.D.2d 908, 658 N.Y.S.2d 751 [1997]; Matter of Commissioner of Social Servs. v. Jones-Gamble, 227 A.D.2d 618, 643 N.Y.S.2d 182 [1996] ).

We have considered petitioner's remaining arguments and find them unavailing.