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MATTER OF GORSKY v. KESSLER

2009-05608.

79 A.D.3d 746 (2010)

912 N.Y.S.2d 649

In the Matter of LYNDA GORSKY, Respondent, v. JOHN A. KESSLER, Appellant.

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

Decided December 7, 2010.

Ordered that the order of commitment entered June 8, 2009, is affirmed, with costs.

Proof of failure to pay child support as ordered constitutes prima facie evidence of willful violation of an order of support (see Family Ct Act § 454 [3]; Matter of Powers v Powers, 86 N.Y.2d 63, 69-70 [1995]). Once a prima facie showing has been made, the burden shifts to the party that owes the support to offer some competent...

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