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MATTER OF ELLIS v. ELLIS

85 A.D.2d 602 (1981)

In the Matter of Carmella Ellis, Respondent, v. Thomas F. Ellis, Appellant

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

December 7, 1981

Order reversed, on the law, without costs or disbursements, and contempt petition dismissed.

The findings of fact have not been considered. The order to show cause, by which the contempt application was made, failed to contain the notice and warning required by subdivision (b) of section 453 of the Family Court Act. Accordingly, the Family Court lacked jurisdiction to order the appellant's commitment (see Barreca v Barreca, 77 A.D.2d 793

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