MATTER OF McCARTHY v. SPEARMAN


96 A.D.2d 750 (1983)

In the Matter of Sharon McCarthy, on Behalf of Erie County Department of Social Services, Appellant, v. James Spearman, Respondent

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

July 11, 1983


Order unanimously reversed, on the law and facts, without costs, petition reinstated and matter remitted to Erie County Family Court.

Memorandum:

Petitioner's action seeking enforcement of a prior support decree was dismissed at the close of its proof for failure to establish a prima facie case. Section 454 of the Family Court Act sets out the procedures by which support orders may be enforced. Paragraph (a) of subdivision 1, which contemplates committing...

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