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Weiss v. Weiss

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 460 (N.Y. App. Div. 1995)

Opinion

June 19, 1995

Appeal from the Supreme Court, Orange County (Peter Patsalos, J.).


Ordered that the orders are affirmed, with one bill of costs.

The plaintiff husband contends that the court erred in holding him in contempt for nonpayment of support and maintenance as the court failed to conduct an evidentiary hearing or find that enforcement methods would be futile. We disagree. There were sufficient reasons to presume that enforcement methods would be futile (see, Domestic Relations Law § 245; Ruggerio v Ruggerio, 173 A.D.2d 595, 597) and a hearing is not necessary absent a factual dispute (see, Bowie v. Bowie, 182 A.D.2d 1049, 1050; Rosenblitt v. Rosenblitt, 121 A.D.2d 375).

We have considered the husband's remaining contentions and find them to be without merit. Bracken, J.P., Rosenblatt, Ritter and Goldstein, JJ., concur.


Summaries of

Weiss v. Weiss

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 460 (N.Y. App. Div. 1995)
Case details for

Weiss v. Weiss

Case Details

Full title:JACOB WEISS, Appellant, v. ZELDA WEISS, Respondent

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

Date published: Jun 19, 1995

Citations

216 A.D.2d 460 (N.Y. App. Div. 1995)
628 N.Y.S.2d 544

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