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In the Matter of BARBARA DARIFF, Respondent, v. ERIC MOSKOWITZ, Appellant.

Ordered that the order as amended is affirmed, without costs or disbursements.

It was proper for the Family Court to rely upon the determination of the Hearing Examiner in finding the appellant to be in willful violation of an order of support (see, Matter of Mazzilli v. Mazzilli, 248 A.D.2d 474). There is no merit to the appellant's contention that the hearing was improperly conducted so as to deny him due process. The record reveals that the appellant did not sustain his burden to rebut the prima facie evidence of willfulness established by his admission that he failed to pay previously-ordered support by showing sufficient proof of his inability to pay (see, Family Ct Act § 454 [a]; Matter of Stone v. Stone, 236 A.D.2d 615; Matter of Bickwid v. Deutsch, 229 A.D.2d 533).

The appellant's remaining contentions are without merit.

Mangano, P. J., Thompson, Santucci and Altman, JJ., concur.

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MATTER OF DARIFF v. MOSKOWITZ
(Jul 27, 1998)