Appellate Division of the Supreme Court of New York, 2011

Rube v. Tornheim

Appellate Division of the Supreme Court of New York · Decided March 29, 2011

82 A.D.3d 1246; 919 N.Y.2d 364

Cases that cite this one

4 later published cases cite this decision.

Matter of Cameron v. King (Appellate Division of the Supreme Court of New York 2018)
Matter of Sylvestre v. Burgess (Appellate Division of the Supreme Court of New York 2025)
Matter of Martucci v. Nerone (Appellate Division of the Supreme Court of New York 2021)
Matter of Sullivan v. Kilkenny (Appellate Division of the Supreme Court of New York 2016)

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

Where a willful violation of an order of support is found, the determination as to what sanction to impose lies within the Family Court’s discretion (see Matter of Gorsky v Kessler, 79 AD3d 746, 747 [2010]; Matter of Commissioner of Social Servs. v Rosen, 289 AD2d 487, 489 [2001]). Here, upon confirming the Support Magistrate’s finding that the father willfully violated a prior order of support, the Family Court did not improvidently exercise its discretion in allowing the father to purge his sentence of incarceration by posting an undertaking in the sum of only $3,000 with the support collection unit by a date certain (see Provencal-Dayle v Dayle, 50 AD3d 502, 503 [2008]; Matter of Russo v Goldbaum, 215 AD2d 763, 764 [1995]).

*1247The mother’s remaining contentions are without merit. Covello, J.E, Hall, Lott and Cohen, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.