Commissioner of Social Services v. Pronti
Cases that cite this one
6 later published cases cite this decision.
- Santana v. Gonzalez (Appellate Division of the Supreme Court of New York 2011)
- Brunelle v. Bibeau (Appellate Division of the Supreme Court of New York 2005)
- Chesko v. Chesko (Appellate Division of the Supreme Court of New York 2000)
- Child Support Enforcement Unit ex rel. Judith S. v. John M. (NYC Family Court 1999)
- Prinzo ex rel. Campbell v. Jenkins (Appellate Division of the Supreme Court of New York 1998)
- Livingston County Department of Social Services ex rel. Linsner v. Grimmelt (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeals (1) from an order of the Family Court of Chemung County (O’Shea, J.), entered June 8, 1995, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 4, to hold respondent in contempt of court for failure to obey an order of child support, and (2) from an order of said court, entered September 8,1995, which denied respondent’s motion to vacate or reconsider the finding of contempt.
Pursuant to a prior order of Family Court, respondent was directed to pay child support for his three children in the amount of $50 per month to the support collection unit of the local Department of Social Services. In January 1995, the Department filed a petition on behalf of the children’s mother
There must be a reversal. A fundamental requirement of due process is reasonable notice sufficient to "apprise the party of the charges against him so as to enable him to adequately prepare and present a defense” (Matter of Fitzgerald v Libous, 44 NY2d 660, 661). Assuming that the notice requirements for this proceeding pursuant to Family Court Act article 4 are less stringent than those required in a criminal proceeding (cf., Matter of Block v Ambach, 73 NY2d 323, 332-333), Family Court’s summary finding of a willful violation based upon untimely support payments by respondent, when the petition alleged only a violation based upon arrearages, clearly violated respondent’s right to due process (cf., Matter of Murray v Murphy, 24 NY2d 150, 157-158). In the absence of any competent proof in the record to support the only violation alleged in the petition, the orders must be reversed and the petition dismissed. Nevertheless, we reject respondent’s claim that petitioner has engaged in frivolous conduct which warrants sanctions (see, 22 NYCRR 130-1.1 [a]).
Mikoll, J. P., Mercure, White and Spain, JJ., concur. Ordered that the orders are reversed, on the law, with costs, and petition dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.