Legal Opinion
Rube v. Tornheim
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 4 opinions
1Opinion of the Court
Where a willful violation of an order of support is found, the determination as to what sanction to impose lies within the Family Court’s discretion (see Matter of Gorsky v Kessler, 79 AD3d 746, 747 [2010]; Matter of Commissioner of Social Servs. v Rosen, 289 AD2d 487, 489 [2001]). Here, upon confirming the Support Magistrate’s finding that the father willfully violated a prior order of support, the Family Court did not improvidently exercise its discretion in allowing the father to purge his sentence of incarceration by posting an undertaking in the sum of only $3,000 with the support…
2Cases cited4 opinions
- Gorsky v. KesslerAppellate Division of the Supreme Court of the State of New York · 2010
- Commissioner of Social Services v. RosenAppellate Division of the Supreme Court of the State of New York · 2001
- Provencal-Dayle v. DayleAppellate Division of the Supreme Court of the State of New York · 2008
- Russo v. GoldbaumAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- Matter of Sullivan v. KilkennyAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Martucci v. NeroneAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Cameron v. KingAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Sylvestre v. BurgessAppellate Division of the Supreme Court of the State of New York · 2025