Appellate Division of the Supreme Court of New York, 2012

Logue v. Abell

Appellate Division of the Supreme Court of New York · Decided July 5, 2012

97 A.D.3d 582; 947 N.Y.2d 329

Cases that cite this one

34 later published cases cite this decision. The 25 that cite it most often are listed here.

Vasquez v. Powell (Appellate Division of the Supreme Court of New York 2013)
Vasquez v. Powell (Appellate Division of the Supreme Court of New York 2013)
Matter of Morgan v. Spence (Appellate Division of the Supreme Court of New York 2016)
Matter of Girasek-Brick v. Girasek (Appellate Division of the Supreme Court of New York 2015)
Matter of Tordella-DiPalma v. DiPalma (Appellate Division of the Supreme Court of New York 2015)
McMinn v. Taylor (Appellate Division of the Supreme Court of New York 2014)
McMinn v. Taylor (Appellate Division of the Supreme Court of New York 2014)
Matter of Alterman v. Shmushkovich (Appellate Division of the Supreme Court of New York 2020)
Matter of Nickel v. Nickel (Appellate Division of the Supreme Court of New York 2019)
Matter of Valverde v. Owens (Appellate Division of the Supreme Court of New York 2018)
Matter of Merritt v. Merritt (Appellate Division of the Supreme Court of New York 2018)
Matter of Nassau County Dept. of Social Servs. v. Simmons (Appellate Division of the Supreme Court of New York 2018)
Matter of Nassau County Dept. of Social Servs. v. Henry (Appellate Division of the Supreme Court of New York 2016)
Matter of Myles v. Turner (Appellate Division of the Supreme Court of New York 2016)
Rockland County Department of Social Services Ex Rel. Abels v. Shisgal (Appellate Division of the Supreme Court of New York 2016)
Matter of Sullivan v. Kilkenny (Appellate Division of the Supreme Court of New York 2016)
Matter of Pryce v. Greene (Appellate Division of the Supreme Court of New York 2015)
Matter of Apuzzo v. Cazeau (Appellate Division of the Supreme Court of New York 2015)
Matter of Gillison v. Gillison (Appellate Division of the Supreme Court of New York 2015)
Matter of Tolkinen v. Siewert (Appellate Division of the Supreme Court of New York 2015)
Matter of Stoll v. Stoll (Appellate Division of the Supreme Court of New York 2015)
Matter of Schell v. McSpedon (Appellate Division of the Supreme Court of New York 2014)
Rhodes v. Nelson (Appellate Division of the Supreme Court of New York 2014)
Rhodes v. Nelson (Appellate Division of the Supreme Court of New York 2014)
Signorile v. Kaminski (Appellate Division of the Supreme Court of New York 2014)

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

*583The Family Court correctly denied the father’s objections to the Support Magistrate’s determinations. Evidence of the father’s failure to pay child support as ordered constituted prima facie evidence of a willful violation (see Family Ct Act § 454 [3] [a]; Matter of Cooper v Robertson, 69 AD3d 714, 714 [2010]). The burden then shifted to the father to offer competent, credible evidence of his inability to make the required payments (see Matter of Powers v Powers, 86 NY2d 63, 69 [1995]). The father, who the Support Magistrate found lacked credibility in his testimony regarding his search for employment, failed to sustain this burden. Although the father asserted that he was unemployed and had no money to pay child support, he did not present competent, credible evidence that he had actively sought employment sufficient to rebut the mother’s prima facie showing (see Matter of Cooper v Robertson, 69 AD3d at 714; see also Matter of Richards v Bailey, 296 AD2d 412, 413 [2002]; Matter of Fallon v Fallon, 286 AD2d 389, 389 [2001]).

The father’s remaining contentions are without merit. Angiolillo, J.E, Belen, Chambers and Austin, JJ., concur.

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