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MATTER OF BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES v. MITCHELL

46 A.D.3d 1034 (2007)

847 N.Y.S.2d 692

In the Matter of BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of IRENE SHEARS, Respondent, v. SCOTT MITCHELL, Appellant.

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

Decided December 13, 2007.

Rose, J.

Petitioner filed a petition alleging that respondent had failed to obey a prior child support order and requesting a money judgment for arrears. When the parties appeared, the Support Magistrate partially advised respondent of his right to counsel and then, after listening to his claim of an inability to pay support, found a willful violation and recommended a six-month jail sentence. At the next appearance, Family Court fully advised respondent of his right...

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