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MATTER OF CASTELLANO v. CASTELLANO

289 A.D.2d 403 (2001)

734 N.Y.S.2d 231

In the Matter of PHYLLIS CASTELLANO, Respondent, v. RICHARD CASTELLANO, Appellant.

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

Decided December 17, 2001.

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

"[F]ailure to pay support as ordered itself constitutes prima facie evidence of a willful violation" (Matter of Powers v Powers, 86 N.Y.2d 63, 69 [internal quotation marks omitted]). Thus, proof alone that the appellant failed to pay support as ordered, by itself, established willfulness, shifting the burden to the appellant to demonstrate some evidence of...

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