IN RE ANGELA B., pet-res, v. GUSTAVO D., res-res

3968-3969. IN RE ANGELA B., pet-res, v. GUSTAVO D., res-res — Andrew J. Baer, New York, for ap — Leslie S. Lowenstein, Woodmere, for res — Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about September 1, 2015, which, after a hearing, confirmed the findings of the same court (Mary Elizabeth Neggie, Support Magistrate) that respondent father willfully violated an order of the Magistrate, entered on or about January 27, 2012, directing him to make weekly payments of $103.31 for child support, and sentenced him to incarceration for a term of sixty days with a purge amount set at $5000, unanimously affirmed, without costs. Appeal from order of fact-finding, same court and Support Magistrate, entered on or about September 1, 2015, which found that petitioner mother met her initial burden to show that the father willfully violated the child support order, unanimously dismissed, without costs, as subsumed in the appeal from the September 1, 2015 order confirming the finding of willfulness.

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3968-3969. IN RE ANGELA B., pet-res, v. GUSTAVO D., res-res — Andrew J. Baer, New York, for ap — Leslie S. Lowenstein, Woodmere, for res — Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about September 1, 2015, which, after a hearing, confirmed the findings of the same court (Mary Elizabeth Neggie, Support Magistrate) that respondent father willfully violated an order of the Magistrate, entered on or about January 27, 2012, directing him to make weekly payments of $103.31 for child support, and sentenced him to incarceration for a term of sixty days with a purge amount set at $5000, unanimously affirmed, without costs. Appeal from order of fact-finding, same court and Support Magistrate, entered on or about September 1, 2015, which found that petitioner mother met her initial burden to show that the father willfully violated the child support order, unanimously dismissed, without costs, as subsumed in the appeal from the September 1, 2015 order confirming the finding of willfulness.

Although the father has completed his sentence, “this appeal ‘is not academic in light of the enduring consequences which might flow from the finding that he violated the [January 27, 2012] order of support’” (Matter of April G. v. Duane M., 105 AD3d 491 [1st Dept 2013]).

IN RE ANGELA B., pet-res, v. GUSTAVO D., res-res

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