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MATTER OF COMMISSIONER OF SOCIAL SERVICES v. PATTERSON

282 A.D.2d 410 (2001)

723 N.Y.S.2d 666

In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of SHARON GAMBLIN, Respondent, v. EUGENE PATTERSON, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 26, 2001.

The testimony of the child's mother and the records of the Support Collection Unit showing respondent's arrears established, prima facie, that respondent's failure to comply with the support order was willful, and required him to come forward with some credible evidence that he was unable to make the ordered payments (see, Matter of Powers v Powers, 86 N.Y.2d 63, 68-70). This respondent failed to do. His claims of poverty were properly...

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