PEOPLE EX REL. FOOTE v. LOREY


28 A.D.3d 917 (2006)

813 N.Y.S.2d 798

THE PEOPLE OF THE STATE OF NEW YORK ex rel. KARRIE FOOTE, Respondent, v. THOMAS J. LOREY, as Sheriff of Fulton County and Administrator of the Fulton County Jail, Appellant.

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

April 13, 2006.


Rose, J.

Following a hearing pursuant to Family Ct Act article 4 and a subsequent confirmation hearing, Family Court confirmed the Support Magistrate's decision finding petitioner in contempt for willfully failing to pay court-ordered child support and directed her immediate incarceration in the Fulton County Jail for 180 days. Petitioner then commenced this CPLR article 70 proceeding for a writ of habeas corpus alleging that she was unlawfully detained by respondent...

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