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MATTER OF ORANGE COUNTY COMMISSIONER OF SOCIAL SERVICES v. DAVIS

2009-02778.

67 A.D.3d 1018 (2009)

888 N.Y.S.2d 764

2009 NY Slip Op 08828

In the Matter of ORANGE COUNTY COMMISSIONER OF SOCIAL SERVICES, on Behalf of NICOLE M. MARTINEZ, Respondent, v. DERRICK D. DAVIS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 24, 2009.

Ordered that the order dated March 19, 2009, is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the petition of the Orange County Commissioner of Social Services which was to adjudicate the father in willful violation of a prior child support order is denied.

The Family Court erred in finding that the father willfully violated the support order dated May 12, 2008. While...

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