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MATTER OF CHASE v. BROOKE

34 A.D.2d 595 (1970)

In the Matter of Clarence W. Chase, as Director of Probation of The Family Court Probation Department of the County of Broome, Respondent, v. James Brooke, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 9, 1970

MEMORANDUM BY THE COURT.

Counsel for the appellant asserts that the constitutionality of section 454 of the Family Court Act is in issue. However, the constitutionality of imprisonment for a willful failure to comply with the court's mandate has been upheld. (See Chase v. Griffin, 31 A.D.2d 681.) The present record establishes that during a period when the appellant was employed for three months he made only one payment...

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