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ST. GERMAIN v. ST. GERMAIN

25 A.D.2d 532 (1966)

Susan St. Germain, Respondent, v. Jules B. St. Germain, Appellant

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

February 9, 1966

Order, insofar as appealed from, modified by reducing the total amount found as the arrears in alimony from $5,280 to $4,160.

As so modified, order affirmed, without costs. In our opinion, a fine for contempt is improper where it is not based upon an amount due at the time the motion to punish was made (Glassman v. Glassman, 20 A.D.2d 563). Punishment for contempt for failure to pay alimony accruing subsequent to the date...

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