Matter of Rodriguez v Suarez
2012 NY Slip Op 01823 [93 AD3d 730]
March 13, 2012
Appellate Division, Second Department
As corrected through Wednesday, April 25, 2012


In the Matter of Ruth Rosemary Rodriguez,Respondent,
v
Martin Antonio Suarez, Appellant.

[*1]William E. Penny, Scarsdale, N.Y., for appellant.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of commitment of the Family Court, Westchester County (Schauer, J.), dated June 9,2011, which, upon an order of the same court (Thompson, S.M.), dated March 30, 2011, madeafter a hearing, finding that his violation of his child support obligations was willful, in effect,confirmed the finding of willfulness and committed him to the Westchester County Jail for aperiod of six months, with the opportunity to purge his contempt by paying the sum of $4,220 forchild support.

Ordered that the appeal from so much of the order of commitment as committed the father tothe Westchester County Jail for a period of six months is dismissed as academic, without costs ordisbursements, as the period of incarceration has expired (see Matter of Larrier v Williams, 84 AD3d 805, 806 [2011]); and itis further,

Ordered that the order of commitment is affirmed insofar as reviewed, without costs ordisbursements.

The father's claim that he was deprived of the effective assistance of counsel is without merit.Contrary to the father's contentions, viewed in totality, the record reveals that the father receivedmeaningful representation (see Matter ofLarrier v Williams, 84 AD3d 805, 806 [2011]; Matter of Jarrett v Mosslih, 34 AD3d 808, 809 [2006]; Matter of DeCamp v DeCamp, 8 AD3d274, 275 [2004]; Matter of Wright v Lyons, 288 AD2d 481 [2001]). Skelos, J.P.,Dickerson, Eng and Sgroi, JJ., concur.


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