Citation Edit

Campagna v. Hill, 53 A.D.2d 1050, 385 N.Y.S.2d 894 (1976) (full-text).

Factual Background Edit

The respondent appealed from an order directing him to post a $1,000 bond to guarantee his child support payments. The respondent denied that he was behind in payments, and in proof of his contention he offered to specify the payments made.

Though the petitioner, an agent for the county probation department, did not dispute any particular payment, both he and the court alleged that the computer at the department showed that defendant was $200 behind in his payments. The lower court did not grant respondent a full hearing, or give respondent a chance to introduce evidence on his behalf.

Appellate Court Proceedings Edit

The appellate court held that, based on respondent's contentions and the lack of any evidence to the contrary, the lower court erred in ordering him to post the bond. The court determined that the statement by petitioner as to what the computer showed was not competent evidence upon which to base an order directing payment. The order was vacated and the matter remanded for a hearing.

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