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MATTER OF GIORDANO v. GIORDANO

259 A.D.2d 701 (1999)

686 N.Y.S.2d 838

In the Matter of ANGELIKI GIORDANO, Respondent, v. SEBASTIANO GIORDANO, Appellant.

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

Decided March 22, 1999.

Ordered that the orders are affirmed, without costs or disbursements.

The father's admitted nonpayment of his child support obligation is prima facie evidence of violation of the order of support (see, Family Ct Act § 454 [3] [a]), and he did not show, by clear and convincing evidence, his inability to comply with the order (see, Matter of Powers v Powers, 86 N.Y.2d 63

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