Cattaraugus County Department of Social Services v. Gore
Opinion of the Court
Memorandum: Respondent appeals from an order confirming the determination of the Support Magistrate that respondent had willfully violated a prior child support order and that directed that he be incarcerated for a period of four months. We affirm the order with respect to the willful violation of the support order. “There is a presumption that a respondent has suf
Respondent’s contention that a jail term was improperly imposed is moot inasmuch as the commitment portion of the order has expired by its own terms (see Matter of Alex A.C. [Maria A.P.], 83 AD3d 1537, 1538 [2011]; Matter of Lomanto v Schneider, 78 AD3d 1536, 1537 [2010]). We therefore dismiss respondent’s appeal from that part of the order (see Alex A.C., 83 AD3d at 1538). Present — Centra, J.P., Fahey, Sconiers, Valentino and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.