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12 New York opinions name it 1 courts 2011–2026 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dakin v. Dakingreen2 sentences2026The father appeals.</p> <p>"A determination by a support magistrate that a person is in willful violation of a support order and recommending commitment has no force and effect until confirmed by a Judge of the Family Court" (<i>Matter of Dakin v Dakin</i>, 75 AD3d 639, 639-640 ; <i>see</i> Family Ct Act § 439[a]; <i>Matter of Clarissa C. v Alexei G.</i>, 208 AD3d 1089 ). 2018The father also challenges the Support Magistrate's finding that he willfully violated an order of support. " A determination by a support magistrate that a person is in willful violation of a support order and recommending commitment has no force and effect until confirmed by a Judge of the Family Court'" ( Matter of Flanagan v Flanagan, 109 AD3d 470, 471 , quoting Matter of Dakin v Dakin, 75 AD3d 639, 639-640 ; see Family Ct Act § 439[a]). | 5 | 8 |
CUSTODI v. Town of Amherstgreen2 sentences2012“A determination by a support magistrate that a person is in willful violation of an order under [Family Ct Act § 454 (3)] and that recommends commitment shall be transmitted to the parties, accompanied by findings of fact, but the determination shall have no force and effect until confirmed by a judge of the court” (Family Ct Act § 439 [a]; see Matter of Clark v Clark, 85 AD3d 1350, 1350 [2011], lvs dismissed 17 NY3d 846 [2011], 18 NY3d 918 [2012]). 2012“A determination by a support magistrate that a person is in willful violation of an order under [Family Ct Act § 454 (3)] and that recommends commitment shall be transmitted to the parties, accompanied by findings of fact, but the determination shall have no force and effect until confirmed by a judge of the court” (Family Ct Act § 439 [a]; see Matter of Clark v Clark, 85 AD3d 1350, 1350 [2011], lvs dismissed 17 NY3d 846 [2011], 18 NY3d 918 [2012]). | 2 | 2 |
Clark v. Clarkgreen2 sentences2012“A determination by a support magistrate that a person is in willful violation of an order under [Family Ct Act § 454 (3)] and that recommends commitment shall be transmitted to the parties, accompanied by findings of fact, but the determination shall have no force and effect until confirmed by a judge of the court” (Family Ct Act § 439 [a]; see Matter of Clark v Clark, 85 AD3d 1350, 1350 [2011], lvs dismissed 17 NY3d 846 [2011], 18 NY3d 918 [2012]). 2012“A determination by a support magistrate that a person is in willful violation of an order under [Family Ct Act § 454 (3)] and that recommends commitment shall be transmitted to the parties, accompanied by findings of fact, but the determination shall have no force and effect until confirmed by a judge of the court” (Family Ct Act § 439 [a]; see Matter of Clark v Clark, 85 AD3d 1350, 1350 [2011], lvs dismissed 17 NY3d 846 [2011], 18 NY3d 918 [2012]). | 2 | 2 |
Bordeleau v. Stategreen2 sentences2012“A determination by a support magistrate that a person is in willful violation of an order under [Family Ct Act § 454 (3)] and that recommends commitment shall be transmitted to the parties, accompanied by findings of fact, but the determination shall have no force and effect until confirmed by a judge of the court” (Family Ct Act § 439 [a]; see Matter of Clark v Clark, 85 AD3d 1350, 1350 [2011], lvs dismissed 17 NY3d 846 [2011], 18 NY3d 918 [2012]). 2012“A determination by a support magistrate that a person is in willful violation of an order under [Family Ct Act § 454 (3)] and that recommends commitment shall be transmitted to the parties, accompanied by findings of fact, but the determination shall have no force and effect until confirmed by a judge of the court” (Family Ct Act § 439 [a]; see Matter of Clark v Clark, 85 AD3d 1350, 1350 [2011], lvs dismissed 17 NY3d 846 [2011], 18 NY3d 918 [2012]). | 2 | 2 |
Flanagan v. Flanagangreen2 sentences2018The father also challenges the Support Magistrate's finding that he willfully violated an order of support. " A determination by a support magistrate that a person is in willful violation of a support order and recommending commitment has no force and effect until confirmed by a Judge of the Family Court'" ( Matter of Flanagan v Flanagan, 109 AD3d 470, 471 , quoting Matter of Dakin v Dakin, 75 AD3d 639, 639-640 ; see Family Ct Act § 439[a]). 2015“A determination by a support magistrate that a person is in willful violation of a support order and recommending commitment has no force and effect until confirmed by a Judge of the Family Court” (Matter of Dakin v Dakin, 75 AD3d 639, 639-640 [2010]; see Family Ct Act § 439 [a]; Matter of Flanagan v Flanagan, 109 AD3d 470 [2013]). | 1 | 4 |
Matter of Henry v. Greenidgegreen2 sentences2026"Such a determination by a support magistrate does not constitute a final order to which a party may file written objections" (<i>Matter of Dakin v Dakin</i>, 75 AD3d at 640 ; <i>see</i> <i>Matter of Henry v Greenidge</i>, 127 AD3d 1192 ). 2016As the Family Court correctly noted, however, a determination by a Support Magistrate that a person is in willful violation of a support order and recommending commitment has “no force and effect until confirmed by a judge of the court” (Family Ct Act § 439 [a]; see Matter of Henry v Greenidge, 127 AD3d 1192, 1192-1193 [2015]; cf. Family Ct Act § 439 [e]). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dakin v. Dakin
neutral
2 sentences2011Such a determination by a support magistrate does not constitute a final order to which a party may file written objections” (Matter of Dakin v Dakin, 75 AD3d 639, 639-640 , lv dismissed 15 NY3d 905 ; see § 439 [a], -2- 36 CAF 09-02492 [e]). 2011Such a determination by a support magistrate does not constitute a final order to which a party may file written objections” (Matter of Dakin v Dakin, 75 AD3d 639, 639-640 [2010], lv dismissed 15 NY3d 905 ; see Family Ct Act § 439 [a], [e]). | 2 | 2011–2011 |