Legal Opinion

Santana v. Gonzalez

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2011PublishedCited by 11 opinions

1Opinion of the CourtPeters, J.

*1199We reject the father’s contention that he did not have adequate notice that the issue before Family Court was whether he again willfully violated the prior orders, as opposed to whether his suspended judgment should be revoked. The petition clearly and specifically alleged that the father willfully violated the prior orders by failing to make the required support and arrear payments and sought relief provided for in Family Ct Act § 454. It did not seek a revocation of the father’s suspended sentence pursuant to Family Ct Act § 455. Furthermore, the summons sent to the father by Family Court…

2Cases cited17 opinions

  1. MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
  2. Fallon v. FallonAppellate Division of the Supreme Court of the State of New York · 2001
  3. Wright v. WrightAppellate Division of the Supreme Court of the State of New York · 1994
  4. Wilson v. LaMountainAppellate Division of the Supreme Court of the State of New York · 2011
  5. Gerard M. v. Dyandria M.Appellate Division of the Supreme Court of the State of New York · 2005

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3Cited by11 opinions

  1. Matter of Dench-Layton v. Dench-LaytonAppellate Division of the Supreme Court of the State of New York · 2017
  2. Thomas v. SylvesterAppellate Division of the Supreme Court of the State of New York · 2012
  3. Jasco v. AlviraAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Kathleen M.H. v. John J.C.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of Leder v. LederAppellate Division of the Supreme Court of the State of New York · 2016

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