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MATTER OF ALIMA Z. v. OUSMANE D.

Docket No. F-41691-16/18C. Appeal No. 12780. Case No. 2019-04610.

190 A.D.3d 446 (2021)

135 N.Y.S.3d 643

2021 NY Slip Op 00049

In the Matter of Alima Z., Respondent, v. Ousmane D., Appellant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Law Office of Lewis S. Calderon, Jamaica ( Lewis S. Calderon of counsel), for appellant.

The Shapiro Law Firm, LLC, New York ( Amanda B. Shaffer of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

Respondent's acknowledgment of his support arrears, during the fact-finding hearing, constitutes prima facie evidence that his failure to comply with the support order was willful (see Matter of Powers v Powers, 86 N.Y.2d 63, 69 [1995]; Matter of Maria T. v Kwame A., 35 A.D.3d 239 [1st Dept 2006]). The record demonstrates that respondent failed...

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