Legal Opinion

Livingston County Department of Social Services ex rel. Linsner v. Grimmelt

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

Decided October 2, 1998No. Appeal No. 2PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: We agree with respondent that petitioner did not present sworn testimony or introduce any evidence to establish that respondent violated the support order referred to in the petition (see, Matter of Commissioner of Social Servs. [Albertson] v Albertson, 233 AD2d 441, 442). The support order was neither attached to the petition nor entered in evidence. Moreover, petitioner did not present any evidence from the Support Collection Unit regarding respondent’s history of nonpayment, the amount of arrears, the…

2Cases cited10 opinions

  1. Rensselaer County Department of Social Services v. CossartAppellate Division of the Supreme Court of the State of New York · 1971
  2. Nowacki v. NowackiAppellate Division of the Supreme Court of the State of New York · 1982
  3. Commissioner of Social Services v. ProntiAppellate Division of the Supreme Court of the State of New York · 1996
  4. Reisner v. ReisnerAppellate Division of the Supreme Court of the State of New York · 1996
  5. Geary v. BreenAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by2 opinions

  1. Commissioner of Chenango County Department of Social Services v. BondanzaAppellate Division of the Supreme Court of the State of New York · 2001
  2. Mallard v. MallardAppellate Division of the Supreme Court of the State of New York · 2006

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