MATTER OF ORANGE COUNTY COMMISSIONER OF SOCIAL SERVICES v. GREEN


35 A.D.3d 745 (2006)

826 N.Y.S.2d 692

In the Matter of ORANGE COUNTY COMMISSIONER OF SOCIAL SERVICES, on Behalf of GENEVIEVE FRASER, Respondent, v. SELVIN GREEN, Appellant.

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

Decided December 19, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the contempt portion of the proceeding is dismissed.

"Proof of the father's failure to pay support [as] order[ed] constituted `prima facie evidence of a willful violation' (Family Ct Act § 454 [3] [a]) and shifted the burden to him to come forward with competent, credible evidence of his inability to make the support payments" (Matter of Greene v Holmes...

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