person is in willful violation (New York) · Go Syfert
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person is in willful violation in New York

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.

Followed or applied (6)

CaseFollowedCited
Dakin v. Dakingreen
nyappdiv · 2010 · cited in 8 New York opinions naming this issue, 2011–2026
2 sentences

2026The 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]).

58
CUSTODI v. Town of Amherstgreen
ny · 2011 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

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]).

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]).

22
Clark v. Clarkgreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

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]).

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]).

22
Bordeleau v. Stategreen
ny · 2012 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

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]).

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]).

22
Flanagan v. Flanagangreen
nyappdiv · 2013 · cited in 4 New York opinions naming this issue, 2015–2020
2 sentences

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]).

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]).

14
Matter of Henry v. Greenidgegreen
nyappdiv · 2015 · cited in 2 New York opinions naming this issue, 2016–2026
2 sentences

2026"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]).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Dakin v. Dakin neutral
ny · 2010
2 sentences

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 , 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]).

22011–2011

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