Legal Opinion
McCarthy ex rel. Erie County Department of Social Services v. Spearman
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1983PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed, on the law and facts, without costs, petition reinstated and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Petitioner’s action seeking enforcement of a prior support decree was dismissed at the close of its proof for failure to establish a prima facie case. Section 454 of the Family Court Act sets out the procedures by which support orders may be enforced. Paragraph (a) of subdivision 1, which contemplates committing respondent to jail, requires a finding of willfulness (Matter of D'Angelo v…
2Cases cited10 opinions
- Burchett v. BurchettAppellate Division of the Supreme Court of the State of New York · 1974
- Bruno v. BrunoAppellate Division of the Supreme Court of the State of New York · 1975
- Pavich v. PavichAppellate Division of the Supreme Court of the State of New York · 1965
- Badenhop v. BadenhopAppellate Division of the Supreme Court of the State of New York · 1981
- D'Angelo v. D'AngeloAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by5 opinions
- Reynolds v. OsterAppellate Division of the Supreme Court of the State of New York · 1993
- Edwards v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1996
- Duke v. DukeAppellate Division of the Supreme Court of the State of New York · 1985
- Delaware County Department of Social Services v. ManonAppellate Division of the Supreme Court of the State of New York · 1986
- Powers v. PowersAppellate Division of the Supreme Court of the State of New York · 1994