MATTER OF JENNINGS v. JENNINGS


42 A.D.2d 568 (1973)

In the Matter of Patricia Jennings, Respondent, v. William Jennings, Appellant

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

June 4, 1973


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

In our opinion, "competent proof" was not adduced at the hearing to support the determination of the Family Court that appellant had willfully failed to obey the court's prior order of support (Family Ct. Act, § 454). The record reveals that appellant and his wife were not sworn as witnesses...

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