Raffertyv.Rafferty

Supreme Court, Appellate Division, Fourth Department, New York.Jun 19, 2015
10 N.Y.S.3d 481 (N.Y. App. Div. 2015)

2015-06-19

In the Matter of Andrea E. RAFFERTY, Petitioner–Respondent, v. Michael J. RAFFERTY, Respondent–Appellant.

Appeal from an order of the Family Court, Oneida County (Joan E. Shkane, J.), entered March 24, 2014 in a proceeding pursuant to Family Court Act article 4. The order committed respondent to jail for a period of six months. John J. Raspante, Utica, for Respondent–Appellant. Law Office of Timothy A. Benedict, Rome (Timothy A. Benedict of Counsel), for Petitioner–Respondent.


Appeal from an order of the Family Court, Oneida County (Joan E. Shkane, J.), entered March 24, 2014 in a proceeding pursuant to Family Court Act article 4. The order committed respondent to jail for a period of six months.
John J. Raspante, Utica, for Respondent–Appellant. Law Office of Timothy A. Benedict, Rome (Timothy A. Benedict of Counsel), for Petitioner–Respondent.
MEMORANDUM:

Respondent father appeals from an order committing him to jail for six months based on a finding of the Support Magistrate that he willfully violated a prior child support order. Respondent contends that the Support Magistrate erred in finding that his admitted failure to pay child support was willful, inasmuch as he demonstrated at the violation hearing that he was unable to pay the amount due. Because respondent has appealed only from the order of commitment, and not from the order finding that he willfully violated the child support order, the appeal must be dismissed ( see Matter of McDowell v. Domenech, 31 A.D.3d 554, 555, 817 N.Y.S.2d 529; Matter of St. Lawrence County Dept. of Social Servs. v. Pratt, 24 A.D.3d 1050, 1050, 806 N.Y.S.2d 309, lv. denied6 N.Y.3d 713, 816 N.Y.S.2d 748, 849 N.E.2d 971; Matter of Dauria v. Dauria, 286 A.D.2d 879, 880, 730 N.Y.S.2d 895).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, and DeJOSEPH, JJ., concur.