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Matter of Ellis v. Ellis

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1981
85 A.D.2d 602 (N.Y. App. Div. 1981)

Opinion

December 7, 1981


In a support proceeding, the husband appeals from an order of the Family Court, Putnam County (Delaney, J.), dated May 21, 1981, committing him to jail for a period of six months for violation of a support order. Order reversed, on the law, without costs or disbursements, and contempt petition dismissed. The findings of fact have not been considered. The order to show cause, by which the contempt application was made, failed to contain the notice and warning required by subdivision (b) of section 453 FCT of the Family Court Act. Accordingly, the Family Court lacked jurisdiction to order the appellant's commitment (see Barreca v Barreca, 77 A.D.2d 793). Hopkins, J.P., Mangano, Rabin and Cohalan, JJ., concur.


Summaries of

Matter of Ellis v. Ellis

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1981
85 A.D.2d 602 (N.Y. App. Div. 1981)
Case details for

Matter of Ellis v. Ellis

Case Details

Full title:In the Matter of CARMELLA ELLIS, Respondent, v. THOMAS F. ELLIS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 7, 1981

Citations

85 A.D.2d 602 (N.Y. App. Div. 1981)

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