Matter of Gillison v. Gillison

Appellate Division of the Supreme Court of the State of New York

Apr 22, 2015

2014-04545

Versions:127 A.D.3d 1082

7 N.Y.S.3d 502

2015 NY Slip Op 03358

Melbourne toughtfully The user wants me to convert a legal document from two images/OCR text into clean, semantic HTML. **Case 1 (Incomplete):** The first page starts with the end of a previous case (about a presentment agency and a showup identification). Per instructions, I should skip partial content from a previous case and start with the main opinion that has a complete case caption. **Case 2 (The Target Case):** - **Case Name:** In the Matter of Rachel Gillison, Respondent, v Ricky Gillison, Appellant. - **Citation:** [7 NYS3d 502] - **Court:** Family Court, Westchester County (indicated in the appeal statement, but the decision is from the Supreme Court, Appellate Division, Second Department, New York, based on the judges listed: Mastro, J.P., Balkin, Sgroi and Miller, JJ. - wait, the header of the PDF usually contains the reporter page, which is 1082 and 1083). - **Date:** April 24, 2014 (order date). The appellate decision date isn‘t explicitly on this page, but usually, these reports provide the appellate court. The judges listed (Mastro, Balkin, Sgroi, Miller) are from the NY Appellate Division, Second Department. - **Short Name:** Gillison v. Gillison - **Docket:** Not explicitly stated, but usually, there‘s a case number. I will check the OCR. No docket number is visible. **Case Information Extraction:** - Case Name: In the Matter of Rachel Gillison, Respondent, v Ricky Gillison, Appellant. - Citation: 7 NYS3d 502 - Short Name: Gillison v. Gillison - Court: N.Y. App. Div. (based on judges and formatting style typical of NY AD reports) - Date: 2014 (The order appealed from is 2014, the decision date is likely 2015 based on the citation volume 7 NYS3d, but without the specific date on the page, I should use what‘s available or leave it out of the metadata if not clear. Actually, usually, the date is at the top or bottom of the case. It‘s not here. Wait, looking at page 1082, there is a case ending, then a horizontal line, then the Gillison case begins.) **Wait, let‘s look at the document more closely.** Page 1082: - Case ends with “Mastro, J.P., Balkin, Sgroi and Miller, JJ., concur.” - A black square separator. - New Case: “In the Matter of Rachel Gillison, Respondent, v Ricky Gillison, Appellant. [7 NYS3d 502]—” - Text of the case starts: “Appeal from an order of the Family Court...” - Ends on 1083 with: “Rivera, J.P., Dickerson, Cohen and Barros, JJ., concur.” Then another case starts: “In the Matter of Steven Griffin... [7 NYS3d 481]“. According to the instructions: “If the document contains multiple opinions... convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case...” The document has: 1. End of Case A (Skip) 2. Case B (Rachel Gillison) - Full opinion. 3. Start of Case C (Steven Griffin) - Skip because Case B is the focus and Case C is partial at the end of the second page. **Case Information for Gillison:** - `midpage-case-name`: In the Matter of Rachel Gillison, Respondent, v Ricky Gillison, Appellant. - `shortName`: Gillison v. Gillison - `midpage-citation`: 7 NYS3d 502 - `midpage-court`: N.Y. App. Div. (Second Department based on judges, but I‘ll use “New York Supreme Court, Appellate Division” or just “Appellate Division of the Supreme Court of New York, Second Department” if I can be certain. The judges Mastro, Balkin, Sgroi, Miller are 2nd Dept. Rivera, Dickerson, Cohen, Barros are also 2nd Dept. So it‘s N.Y. App. Div.) - `midpage-date`: Not on the page. I will omit `date` attribute if it‘s not present. The order date is April 24, 2014, but that‘s for the lower court. **Pagination:** - Page 1082 starts the Gillison case. - Page 1083 starts mid-sentence or mid-paragraph. - OCR page 1: Gillison case starts near the bottom of page 1082. - OCR page 2: Continues on 1083. **Citations in text:** - “Matter of Rodriguez v Suarez, 93 AD3d 730 [2012]” - “Family Ct Act § 454 [3] [a]” - “Matter of Powers v Powers, 86 NY2d 63, 69 [1995]” - “Matter of McMinn v Taylor, 118 AD3d 887, 888 [2014]” - “Matter of Rhodes v Nelson, 113 AD3d 864, 865 [2014]” - “Matter of Logue v Abell, 97 AD3d 582, 583 [2012]” - “Matter of Vasconcellos v Vasconcellos, 37 AD3d 613 [2007]” - “Matter of Greene-Tyus v Tyus, 61 AD3d 758 [2009]” **Formatting checks:** - “Matter of McMinn v Taylor, 118AD3d” -> “118 AD3d” (rejoin/fix OCR errors). - “seeMatter” -> “see Matter” - “inscribed” -> “incarcerated” (OCR might be messy, check image). - Image 2 says: “Ordered that the appeal from so much of the order as directed that the father be incarcerated...” - Rejoin hyphenated words: “disburse- ments” -> “disbursements“, “pre- sentment” (though that‘s in the previous case text). “Magis- trate‘s” -> “Magistrate‘s“. Let‘s begin. **Case Info Gillison:** Name: In the Matter of Rachel Gillison, Respondent, v Ricky Gillison, Appellant. Short Name: Gillison v. Gillison Citation: 7 NYS3d 502 Court: N.Y. App. Div. (Appellate Division of the Supreme Court of New York, Second Department) Wait, the prompt says “If input is not a legal opinion, return only: null“. This is definitely a legal opinion. **Processing Page 1082 (Gillison section):** Starts with: “In the Matter of Rachel Gillison, Respondent, v Ricky Gillison, Appellant. [7 NYS3d 502]—” Followed by the summary paragraph: “Appeal from an order of the Family Court...” Ends with: “...Westchester County Jail” **Processing Page 1083 (Gillison section):** Starts with: “for a period of three months...” Paragraphs: 1. Ordered... 2. Ordered... 3. The Family Court properly confirmed... 4. The father‘s remaining contentions... Ends with judges: “Rivera, J.P., Dickerson, Cohen and Barros, JJ., concur.” Then Case C starts. I ignore Case C. **Details for Gillison Metadata:** `shortName=“Gillison v. Gillison“` `court=“N.Y. App. Div.“` `citation=“7 NYS3d 502“` **Citation Tags:** - `Matter of Rodriguez v Suarez, 93 AD3d 730 [2012]` -> `` - `Family Ct Act § 454 [3] [a]` -> `Family Ct Act § 454 [3] [a]` - `Matter of Powers v Powers, 86 NY2d 63, 69 [1995]` -> `` - `Matter of McMinn v Taylor, 118 AD3d 887, 888 [2014]` -> `` - `Matter of Powers v Powers, 86 NY2d at 69` (short form) -> `` - `Matter of Rhodes v Nelson, 113 AD3d 864, 865 [2014]` -> `` - `Matter of Logue v Abell, 97 AD3d 582, 583 [2012]` -> `` - `Matter of Vasconcellos v Vasconcellos, 37 AD3d 613 [2007]` -> `` - `Matter of Greene-Tyus v Tyus, 61 AD3d 758 [2009]` -> `` **Pagination placements:** - The first page provided is 1082. The case “In the Matter of Rachel Gillison” starts on page 1082. - The marker `` should be at the start of the content (immediately after ``). - The second page is 1083. The break happens between “Westchester County Jail” and “for a period of three months“. - So: `...Westchester County Jail for a period...` **Structure:** The text “Appeal from an order...” is a prefatory paragraph (pre-opinion content). The opinion starts with “Ordered that the appeal...” Wait, the prompt says “In the Matter of RACHEL GILLISON... [7 NYS3d 502]—” Then the horizontal line. Then “Appeal from an order...” Then “Ordered that the appeal...” Then the main paragraphs. Then “Rivera, J.P., Dickerson, Cohen and Barros, JJ., concur.” I will structure the summary/appeal info as prefatory text and the “Ordered” sections as the body. One minor thing: “Matter Dajahn M.” in OCR page 1 is “Matter of Dajahn M.” in the image. The OCR for the Gillison case seems okay but I must check carefully. “118AD3d” -> “118 AD3d“. “disburse- ments” -> “disbursements“. Let‘s double check the judges for the Gillison case. Page 1082 ends with Mastro et al for the PREVIOUS case. Gillison case summary starts. Page 1083 has Rivera, Dickerson, Cohen and Barros. These are the judges for the Gillison case. Wait, I should confirm the citation for the Gillison case. The text says “[7 NYS3d 502]—” The next case is “[7 NYS3d 481]—” Wait, 502 is usually the starting page. If Gillison is on page 1082/1083 of some reporter, the volume/reporter abbreviation is needed. NYS3d is “New York Supplement, Third Series“. So `cite=“7 NYS3d 502“`. One check on “McMinn v Taylor, 118AD3d“: It is definitely “118 AD3d 887“. Let‘s format. ```html

Appeal from an order of the Family Court, Westchester County (Nilda Morales Horowitz, J.), dated April 24, 2014. The order confirmed the finding of a Support Magistrate (Rosa Cabanillas-Thompson, S.M.), made after a hearing, that the father willfully violated a prior order of child support, and directed that he be committed to the Westchester County Jail for a period of three months unless he paid the purge amount of $5,000.

Ordered that the appeal from so much of the order as directed that the father be incarcerated for a period of three months is dismissed as academic, without costs or disbursements, as the period of incarceration has expired (see Matter of Rodriguez v Suarez, 93 AD3d 730 [2012]); and it is further,

Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.

The Family Court properly confirmed the Support Magistrate’s finding that the father willfully violated a prior order of child support. Evidence of the father’s failure to pay child support as ordered constituted prima facie evidence of a willful violation (see Family Ct Act § 454 [3] [a]; Matter of Powers v Powers, 86 NY2d 63, 69 [1995]; Matter of McMinn v Taylor, 118 AD3d 887, 888 [2014]). The burden then shifted to the father to offer competent, credible evidence of his inability to make the required payments (see Matter of Powers v Powers, 86 NY2d at 69). The father, whom the Support Magistrate found lacked credibility in his testimony regarding his search for employment, failed to sustain this burden. The father claimed that he was unemployed and impecunious, but he failed to present competent, credible evidence that he had actively sought employment sufficient to rebut the mother’s prima facie showing (see Matter of McMinn v Taylor, 118 AD3d at 888; Matter of Rhodes v Nelson, 113 AD3d 864, 865 [2014]; Matter of Logue v Abell, 97 AD3d 582, 583 [2012]; Matter of Vasconcellos v Vasconcellos, 37 AD3d 613 [2007]).

The father’s remaining contentions, including his contention that the Family Court erred in dismissing his petition for a downward modification of his child support obligation, are not properly before this Court (see Matter of Greene-Tyus v Tyus, 61 AD3d 758 [2009]). Rivera, J.P., Dickerson, Cohen and Barros, JJ., concur.

``` Wait, I should check the `McMinn` pinpoint. It says `888` in the text. I‘ll use `pinpoint=“888“`. I‘ll check `Powers` pinpoint. It says `69`. I‘ll use `pinpoint=“69“`. I‘ll check `Rhodes` pinpoint. It says `865`. I‘ll check `Logue` pinpoint. It says `583`. One detail: `Appellate Division of the Supreme Court of New York, Second Department` vs `N.Y. App. Div.`. The prompt example uses `United States Court of Appeals, Ninth Circuit`. So I will use the full court name in the text and the abbreviation in the attribute. Also, the prompt says “Include ALL content before the main opinion text... Syllabus / ‘Held:’ sections... attorney listings...“. The “Appeal from an order...” block is exactly that. Wait, I need to check the exact capitalization of the case name in the source. Source: `In the Matter of RACHEL GILLISON, Respondent, v RICKY GILLISON, Appellant.` The citation is `[7 NYS3d 502]—`. Also, I should rejoin `disburse- ments` on page 1083. “disbursements” (correctly rejoined). “Magis- trate‘s” on page 1082/1083? No, it‘s on page 1083. “Magis- trate‘s” -> “Magistrate‘s“. Final check on the first page text for Gillison: “Appeal from an order of the Family Court, Westchester County (Nilda Morales Horowitz, J.), dated April 24, 2014. The order confirmed the finding of a Support Magistrate (Rosa Cabanillas-Thompson, S.M.), made after a hearing, that the father willfully violated a prior order of child support, and directed that he be committed to the Westchester County Jail” ... continues on next page ... “for a period of three months unless he paid the purge amount of $5,000.” Wait, there is a horizontal line after `[7 NYS3d 502]—`. I‘ll ignore the line as per instructions to remove separator characters. One more thing: the judges at the end of the Gillison opinion. “Rivera, J.P., Dickerson, Cohen and Barros, JJ., concur.” This should be inside the paragraph or at the end of the last paragraph of the opinion. Wait, looking at page 1083, “JJ., concur.” is the end of the last paragraph about the father‘s remaining contentions. Actually, in the first case on 1082, the judges “Mastro, J.P., Balkin, Sgroi and Miller, JJ., concur.” are at the end of the last paragraph. So I‘ll keep them as part of the paragraph. Wait, the prompt asks for: ```html ``` There are no footnotes in this Gillison case. Is there any signature block? The names of the judges are listed at the end of the text. I‘ll include them as part of the last `

`. Actually, in some legal reports, the summary is by the reporter and the opinion starts with the “Ordered” or “MEMORANDUM“. I will treat the “Appeal from...” as pre-opinion content or just part of the body if it‘s integrated. The instructions say “Include ALL content before the main opinion text“. So it goes after the metadata. Case Information block: - Case Name: In the Matter of RACHEL GILLISON, Respondent, v RICKY GILLISON, Appellant. - Short Name: Gillison v. Gillison - Docket: (Not provided) - Court: N.Y. App. Div. - Date: (Not provided - I won‘t guess. 2014 is the order date, not the appellate date). - Citation: 7 NYS3d 502 Wait, looking at the top of page 1082, the page number is 1082. On 1083, it is 1083. The reporter name is not on the page. NYS3d is in the text next to the case name. Let‘s refine the citations. `Matter of Rodriguez v Suarez, 93 AD3d 730 [2012]` -> N.Y. App. Div. `Family Ct Act § 454 [3] [a]` -> N.Y. Fam. Ct. Act § 454(3)(a). One detail: `Matter of McMinn v Taylor, 118AD3d` -> `118 AD3d`. `118 AD3d 887, 888 [2014]` -> starting page 887, pinpoint 888. Citations check: - Rodriguez: 93 AD3d 730 - Powers: 86 NY2d 63 - McMinn: 118 AD3d 887 - Rhodes: 113 AD3d 864 - Logue: 97 AD3d 582 - Vasconcellos: 37 AD3d 613 - Greene-Tyus: 61 AD3d 758 Correct. One final check on page 1082 starting text. The very first lines are “took place during daylight hours...“. This is from the previous case. I skip it. The “Mastro... JJ., concur.” is also the end of that previous case. Then: “In the Matter of RACHEL GILLISON, Respondent, v RICKY GILLISON, Appellant. [7 NYS3d 502]—” This is my start. Wait, the screenshot for page 1 has a black box over something at the top. It says 1082. The screenshot for page 2 has 1083. I‘ll proceed with the conversion. ```html

Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.

``` Wait, in the citation for `McMinn` inside the paragraph, the text says `118 AD3d at 888`. This is a short form cite. `see Matter of McMinn v Taylor, 118AD3d at 888` (OCR says 118AD3d). I‘ll use `type=“short“`. Actually, the text “see Matter of McMinn v Taylor, 118 AD3d at 888” is short form. Also, the prompt: “Rejoin ALL hyphenated line breaks — when a word is split across lines with a hyphen, rejoin it“. “disburse-\nments” -> “disbursements“. “Magis-\ntrate‘s” -> “Magistrate‘s“. “impe-\ncunious” -> “impecunious“. Wait, I need to check the OCR for “impecunious“. On page 1083: “claimed that he was unemployed and impe-\ncunious“. I will rejoin it. Check for more hyphens: “incar-\ncerated” on 1083. Rejoin: “incarcerated“. “disburse-\nments” on 1083. Rejoin: “disbursements“. Wait, the OCR for McMinn on page 2 says `118AD3d at 888`. In the image, it is `118 AD3d at 888`. I will use the space as it‘s in the image. Final check on metadata court. The judges listed (Rivera, Dickerson, Cohen, Barros) are definitely 2nd Department. I will put that in the text but `N.Y. App. Div.` in the attribute. One detail: `Matter of Rhodes v Nelson, 113 AD3d 864, 865 [2014]`. Starting page 864, pinpoint 865. Wait, I should check the citation tags for `Matter of Powers v Powers, 86 NY2d at 69`. `case=“Matter of Powers v. Powers” cite=“86 NY2d 63” pinpoint=“69” court=“N.Y.” type=“short“`. The text says “Matter of Powers v Powers“. Also, I‘ll make sure to wrap `Family Ct Act § 454 [3] [a]`. `jurisdiction=“NY” cite=“N.Y. Fam. Ct. Act § 454(3)(a)“`. (Normalized citation). One small thing: the prompt says “case citations...Decision from courts with party names and reporter citations... These are NOT case citations - use instead: Statutes...“. So `Matter of ...` are `midpage-case`. `Family Ct Act ...` is `midpage-law`. I‘m ready.

Notes

Footnote text with formatting preserved.