MATTER OF DE BOTTIS v. GATES


247 A.D.2d 844 (1998)

669 N.Y.S.2d 106

In the Matter of Tina M. De Bottis, Respondent, v. Robert Gates, Appellant. (Appeal No. 1.)

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

February 4, 1998


Order unanimously reversed on the law without costs and matter remitted to Ontario County Family Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this proceeding pursuant to Family Court Act § 453, alleging that respondent willfully failed to obey a prior order directing him to pay child support of $377 per month. The Hearing Examiner, without conducting an evidentiary hearing, determined that respondent willfully failed...

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