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CLARENCE W. CHASE v. HUBERT J. GRIFFIN (12/20/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


December 20, 1968

CLARENCE W. CHASE, RESPONDENT,
v.
HUBERT J. GRIFFIN, APPELLANT

Appeal from an order of the Family Court, Broome County, holding appellant guilty of contempt of court for failure to make support payments directed by the court and sentencing him to six months in jail therefor.

Reynolds, J. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Reynolds, J.

Author: Reynolds

Appellant's contention that he has been denied his constitutional rights in that he had been sentenced to jail for failure to pay a civil debt was recently rejected by this court in Fuller v. Fuller (31 A.D.2d 587) and Matter of Hoyt v. Pierce (31 A.D.2d 582). As in those cases, the record reveals that punishment was imposed solely for willful disobedience of the court's mandate. We find no merit in the additional contentions raised by appellant and, accordingly, the order appealed from must be affirmed.

Disposition

Order affirmed, with costs.

19681220

© 1998 VersusLaw Inc.



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