AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF SUSAN A. SALES, Respondent, v. RANDY J. BROZZO, Appellant.

MEMORANDUM AND ORDER

Rose, J.

When respondent failed to make ordered child support payments, petitioner commenced a proceeding pursuant to Family Ct Act article 4 seeking to find respondent in willful violation of the order of the court and to incarcerate him for his contempt. A Support Magistrate found, based upon clear and convincing evidence, that respondent had willfully failed to obey the support order. Thereafter, Family Court confirmed those findings and issued a July 2002 order sentencing respondent to a 90-day term of incarceration suspended for one year on condition that he pay the support arrears within a specified period of time. Respondent did not appeal.

Later, when respondent failed to comply with the July 2002 order, the St. Lawrence County Support Collection Unit applied to Family Court for revocation of respondent's suspended sentence of incarceration. Following a hearing in October 2002, at which respondent was represented by counsel, Family Court found good cause to revoke the suspension and committed respondent to a term of incarceration of 90 days pursuant to the July 2002 order (see Family Ct Act § 455). Although respondent completed the sentence of incarceration in January 2003, he now appeals from the October 2002 order revoking the suspension.

We have held that a commitment of imprisonment pursuant to Family Ct Act article 4 is "in the nature of punishment for civil contempt and completion of the jail term for a civil contempt renders the matter moot" (Matter of Madison County Support Collection Unit v. Drennan, 156 A.D.2d 883, 883; see Matter of Sabrina O., 309 A.D.2d 984, 984; Matter of Lane v. Lane, 216 A.D.2d 641, 642). In any event, inasmuch as respondent failed to appeal from the July 2002 order, his "contentions concerning the propriety of Family Court's [July 2002] order finding a willful violation of the support order and imposing a suspended sentence of incarceration are not properly before this Court" (Matter of Dauria v. Dauria, 286 A.D.2d 879, 880).

Crew III, J.P., Mugglin, Lahtinen and Kane, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF SALES v. BROZZO
(Jan 29, 2004)