Mass DOR/CSE ex rel. Cunningham v. Haystrand

—Order unanimously affirmed without costs. Memorandum: The record supports Family Court’s determination that respondent willfully violated a prior support order. Respondent’s undisputed failure to pay support constitutes prima facie evidence of willfulness (see, Family Ct Act § 454 [3] [a]; Matter of Powers v Powers, 86 NY2d 63, 69; Matter of Dart v Howell, 237 AD2d 825). Family Court, which was in the best position to evaluate the evidence (see, Matter of Susan M. v Louis N., 206 AD2d 612, 614), was entitled to reject as lacking in credibility the testimony of respondent that he was unable…