Legal Opinion · Dissent

Powers v. Powers

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

Decided August 25, 1994Published

1Dissent

Mercure, J. (dissenting).

I dissent. Because I agree with Family Court’s conclusion that at the June 3, 1992 hearing on the violation petition respondent presented insufficient evidence to excuse or justify his failure to honor the support obligations stipulated to and embodied in the November 1991 Family Court order, I would affirm.

Initially, it should not go unnoticed that respondent is a self-employed certified public accountant operating in a sole proprietorship. As an accountant, respondent is an expert in the preparation of financial accounts and reports; as a sole practitioner, he is…

2Cases cited3 opinions

  1. Carella v. CollinsAppellate Division of the Supreme Court of the State of New York · 1989
  2. Department of Social Services ex rel. Warwick v. HillockAppellate Division of the Supreme Court of the State of New York · 1983
  3. Cole v. ColeAppellate Division of the Supreme Court of the State of New York · 1978

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