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MATTER OF MIRAGLIO v. RIVERA

45 A.D.2d 1010 (1974)

In the Matter of Emily Miraglio, Respondent, v. Francisco Rivera, Appellant

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

July 29, 1974

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

We have repeatedly stated that the issue of ability to pay is crucial to a determination of willfulness and should be "explored in depth" (Matter of Burchett v. Burchett, 43 A.D.2d 970; Matter of Abbondola v. Abbondola, 40 A.D.2d 976

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