MATTER OF EMERICK v. EMERICK


24 A.D.2d 872 (1965)

In the Matter of Crystal Emerick, Respondent, v. Robert Emerick, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 8, 1965


Order reversed on the law and the facts, without costs; and matter remitted to the Family Court, Orange County, for a new hearing and for further proceedings not inconsistent herewith.

In our opinion, the record does not support the determination of the Family Court, which must be based upon "competent proof", that the husband had willfully failed to obey the court's prior order of support (Family Ct. Act, § 454). The husband is entitled to be represented by...

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