Yamonaco v. Fey
Cases that cite this one
17 later published cases cite this decision.
- Matter of Hwang v. Tam (Appellate Division of the Supreme Court of New York 2018)
- Matter of Wyoming County Dept. of Social Servs. v. Kates (Appellate Division of the Supreme Court of New York 2021)
- Matter of Kathleen M.H. v. John J.C. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Wayne County Dept. of Social Servs. v. Loren (Appellate Division of the Supreme Court of New York 2018)
- Matter of Mandile v. Deshotel (Appellate Division of the Supreme Court of New York 2018)
- REINHARDT, KIMBERLY E. v. HARDISON, WILLIE T. (Appellate Division of the Supreme Court of New York 2014)
- Smith v. Jeffers (Appellate Division of the Supreme Court of New York 2013)
- Smith v. Jeffers (Appellate Division of the Supreme Court of New York 2013)
- KASPROWICZ, ASHLEA v. OSGOOD, KRISTOPHER (Appellate Division of the Supreme Court of New York 2012)
- JORDAN, KAREN E. v. JORDAN, ERIC M. (Appellate Division of the Supreme Court of New York 2012)
- FENDICK, KELLY A. v. FENDICK, THOMAS J. (Appellate Division of the Supreme Court of New York 2012)
- Fendick v. Fendick (Appellate Division of the Supreme Court of New York 2012)
- Fendick v. Fendick (Appellate Division of the Supreme Court of New York 2012)
- Commissioner of Cattaraugus County Department of Social Services ex rel. Jordan v. Jordan (Appellate Division of the Supreme Court of New York 2012)
- Commissioner of Cattaraugus County Department of Social Services ex rel. Jordan v. Jordan (Appellate Division of the Supreme Court of New York 2012)
- Kasprowicz v. Osgood (Appellate Division of the Supreme Court of New York 2012)
- Kasprowicz v. Osgood (Appellate Division of the Supreme Court of New York 2012)
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
Memorandum: Respondent father appeals from an order confirming the Support Magistrate’s determination that he willfully violated a prior order to pay child support with respect to the parties’ child and sentencing him to a term of six months in jail. We affirm. It is well settled that a parent is presumed to be able to support his or her minor children (see Family Ct Act § 437; Matter of Christine L.M. v Wlodek K., 45 AD3d 1452
Great deference should be given to the determination of the Support Magistrate (see Matter of Manocchio v Manocchio, 16 AD3d 1126, 1128 [2005]). Here, petitioner mother established that the father willfully violated the prior order by demonstrating that the father had not made the required child support payments. The father failed to meet his burden to present sufficient evidence of his inability to make such payments, inasmuch as he failed to offer competent medical evidence to substantiate that claim. Present — Smith, J.E, Fahey, Garni, Sconiers and Gorski, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.