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MATTER OF ALISHA B. v. DOMINIQUE S.

Docket No. F3086/18. Appeal No. 1013. Case No. 2022-04222.

221 A.D.3d 445 (2023)

198 N.Y.S.3d 73

2023 NY Slip Op 05677

In the Matter of Alisha B., Respondent, v. Dominique S., Appellant.

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.

Stephen David Fink, Forest Hills, for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Scarpulla, Rodriguez, Higgitt, JJ.

Order, Family Court, New York County (Maria Arias, J.), entered on or about August 10, 2022, which confirmed the Support Magistrate's finding of a willful violation of an order of support, unanimously affirmed, without costs.

Respondent father failed to rebut petitioner mother's prima facie evidence of willful violation because he failed to present competent medical evidence that he was unable to perform work of any kind (see Matter of Jennifer D. v Artise C.J...

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