Adriana K. v. Grzegorz K.

2023 NY Slip Op 01958

In the Matter of Adriana K., Petitioner-Respondent, v. Grzegorz K., Respondent-Appellant.

Appeal Nos. 44-44A, M-1050, Docket Nos. F-04691-18, F-04691-19A, Case No. 2022-01785

Supreme Court of New York, First Department

April 18, 2023

Andrew J. Baer, New York, for appellant.

The Law Offices of Andrew T. Coyle, Syracuse (Andrew T. Coyle of counsel), for respondent.

Before: Webber, J.P., Friedman, Singh, Scarpulla, Rodriguez JJ.

Order Family Court, New York County (Carol Goldstein, J.), entered on or about January 6, 2022, to the extent it sentenced respondent father to incarceration for a three-month term and set the purge amount at $15,000, upon a finding that he willfully violated an order mandating child support payments unanimously affirmed, without costs. Appeal from so much of the order that confirmed the willfulness finding by the Support Magistrate entered upon respondent's default unanimously dismissed, without costs, as taken from a nonappealable order.

Respondent's appeal from the willfulness finding made by the Support Magistrate and confirmed by the Family Court must be dismissed, as the finding was made upon respondent's default and is therefore not directly appealable (see Matter of Afia E. v Japheth S., 190 A.D.3d 580, 580 [1st Dept 2021]; Matter of Elizabeth L. v Kevin O., 179 A.D.3d 404, 405 [1st Dept 2020]). Respondent moved to vacate his default but did not seek any appeal from the order denying that motion, which would have been the proper way to obtain review (see Squitieri v Kaufman, 193 A.D.3d 534, 534 [1st Dept 2021]).

On the merits, Family Court, upon a finding on default by the Support Magistrate, held that respondent willfully violated an order mandating child support payment, properly imposed incarceration for...