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MATTER OF PROB. ADM'R v. PROSPERO

37 A.D.2d 759 (1971)

In the Matter of Probation Administrator, Respondent, v. Angelo Prospero, Jr., Appellant

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

July 1, 1971

Order unanimously reversed, without costs, and petition dismissed.

Memorandum:

Not only does the record not support the order for increased payments on arrearages, but no fact adduced would permit the court to find that defendant willfully violated the prior order so as to subject him to a penalty pursuant to subdivision (a) of section 454 of the Family Court Act. (Matter of Atkins v. Atkins, 28 A.D.2d 1098; Cardona...

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