MATTER OF SCHMERER v. McELROY


105 A.D.2d 840 (1984)

In the Matter of George Schmerer, on Behalf of Antonia McElroy, Respondent, v. Hugh McElroy, Appellant

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

November 26, 1984


Order modified, on the law, by striking from the first decretal paragraph thereof the words, "based upon a preponderance of the credible evidence", and by substituting therefor the following: "based upon clear and convincing evidence". As so modified, order affirmed, without costs or disbursements.

The instant proceeding was commenced by petitioner pursuant to section 454 of the Family Court Act to punish appellant for willful violation of prior court orders of support...

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