People ex rel. Foote v. Stancari — 179 A.D.2d 835

Majority

p. 835

The People of the State of New York ex rel. John Foote, Appellant, v Joseph Stancari et al., Respondents.

Assuming arguendo that the instant proceeding has not been rendered academic by reason of the petitioner’s completion of his jail sentence (see, Matter of Williams v Cornelius, 76 NY2d 542 ; but see, Matter of Madison County Support

p. 836

Collection Unit v Drennan, 156 AD2d 883 ; Ward v Ward, 71 AD2d 854 ), we find his contentions to be without merit. A Hearing Examiner clearly has the authority to conduct a willfulness hearing pursuant to Family Court Act § 454 (see, Family Ct Act § 439 [a]), and the record fails to demonstrate that the petitioner raised any issue requiring a de novo willfulness hearing by a Family Court Judge. Moreover, we are satisfied that the Family Court acted properly in directing the petitioner’s commitment for nonpayment of child support (see, Family Ct Act § 454 [3] [a]), and that the petitioner received an adequate opportunity to cure his violation by making the required child support payments. Thompson, J. P., Sullivan, Harwood and O’Brien, JJ., concur.

Cases cited

Williams v. Cornelius 76 NY2d 542 N.Y. 1990-10-23 p. 835