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MATTER OF NIEVES v. GORDON

264 A.D.2d 445 (1999)

695 N.Y.S.2d 110

In the Matter of ROSLYN NIEVES, Respondent, v. MICHAEL GORDON, Appellant.

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

Decided August 16, 1999.

Ordered that the order is affirmed, without costs or disbursements.

The proof before the Hearing Examiner of the father's failure to pay court-ordered support constituted prima facie evidence of a willful violation of the support order (see, Family Ct Act § 434 [3] [a]; Matter of Department of Social Servs. [Children C.] v Richard C., 250 A.D.2d 766). Thus, the burden of going forward shifted to the father to...

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