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MATTER OF RAKE v. SPALL

11 Misc.3d 364 (2005)

806 N.Y.S.2d 843

In the Matter of TERRA RAKE, Petitioner, v. ROBERT SPALL, JR., Respondent.

Family Court, Monroe County.

December 7, 2005.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Christine F. Redfield of counsel), for respondent.

Daniel M. DeLaus, Jr., County Attorney (Mary E. Teator of counsel), for petitioner.

OPINION OF THE COURT

MARILYN L. O'CONNOR, J.

Respondent's motion herein raises the important question of the nature of notice required in order for a default order of incarceration to result from a support order violation proceeding. The Support Magistrate found by default that respondent willfully violated the support order made for the benefit of E.S. He recommended the sanction of incarceration. The matter...

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