RYDZEWSKI v. RYDZEWSKI


190 A.D.2d 1084 (1993)

Lois E. Rydzewski, Respondent, v. Alfred F. Rydzewski, Appellant. (Appeal No. 1.)

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

February 5, 1993


Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in summarily adjudging defendant in contempt of court for failure to pay maintenance pursuant to a court order. Defendant is entitled to notice whether civil or criminal contempt is sought and to a hearing on plaintiff's application to adjudicate him in contempt because a factual dispute exists that...

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