Matter of Lyons v. Lyons

Full title: In the Matter of LENORE LYONS, Respondent, v. ANDREW J. LYONS, Appellant

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

Date published: Dec 2, 1968

31 A.D.2d 630 (N.Y. App. Div. 1968)

296 N.Y.S.2d 547

Opinion

December 2, 1968

Appeal from an order of the Family Court, Nassau County, entered June 26, 1968, which inter alia directed appellant to make support payments. Order modified, on the law, by striking out the second ordering paragraph, which sentenced appellant to a jail term, with execution conditionally suspended. As so modified, order affirmed, without costs. The findings of fact below are affirmed. In our opinion, it was improper to order appellant's summary commitment in the event of his default under the support order (Family Ct. Act, § 454). Christ, Acting P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.