MIRTUONO v. MIRTUONO


104 A.D.2d 974 (1984)

Concetta Mirtuono, Respondent, v. Alfonso Mirtuono, Appellant

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

October 22, 1984


Order affirmed, with costs. Stay granted by order of this court dated March 30, 1984 vacated.

A party who willfully disables himself from complying with the terms of a judgment of separation is not thereby excused from compliance by reason of his financial inability to pay (see Serviss v Torino, 263 App Div 722). Moreover, Special Term did not abuse its discretion by granting the order of commitment without first conducting a hearing, inasmuch as defendant...

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