MATTER OF MASS DOR/CSE v. HAYSTRAND

Order unanimously affirmed without costs. Memorandum: The record supports Family Court's determination that respondent willfully violated a prior support order. Respondent's undisputed failure to pay support constitutes prima facie evidence of willfulness ( see, Family Ct Act § 454 [a]; Matter of Powers v. Powers, 86 N.Y.2d 63, 69; Matter of Dart v. Howell, 237 A.D.2d 825). Family Court, which was in the best position to evaluate the evidence ( see, Matter of Susan M. v. Louis N., 206 A.D.2d 612, 614), was entitled to reject as lacking in credibility the testimony of respondent that he was unable to make the required payments.

Present — Denman, P. J., Green, Hayes, Callahan and Balio, JJ.