MATTER OF RYAN v. RYAN


42 A.D.2d 733 (1973)

In the Matter of Anna Ryan, Respondent, v. Joseph Ryan, Appellant

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

July 9, 1973


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

In the proceeding for violation of the protection order, no proof was taken and appellant was never advised of his right to be heard and to present witnesses. Therefore, the minimal requirements of due process were not complied with (cf. Matter of Emerick v. Emerick,

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