Appellate Division of the Supreme Court of New York, 1980

Sylvester v. Lansdowne

Sylvester v. Lansdowne
Appellate Division of the Supreme Court of New York · Decided December 23, 1980
79 A.D.2d 885; 437 N.Y.S.2d 947; 1980 N.Y. App. Div. LEXIS 14325
Sylvester v. Lansdowne

Opinion of the Court

Order unanimously reversed, without costs, and petition dismissed. Memorandum: The order of support failed to comply with the requirements of subdivision 4 of section 440 of the Family Court Act and the court was, therefore, without jurisdiction to adjudge appellant guilty of contempt for a willful failure to obey it. (See Barreca v Barreca, 77 AD2d 793.) (Appeal from order of Cayuga County Family Court—support, contempt.) Present— Dillion, P. J., Simons, Hancock, Jr., Callahan and Moule, JJ.

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