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MATTER OF LEWIS COUNTY DEP'T OF SOC SERVS. v. GREENE

236 A.D.2d 803 (1997)

653 N.Y.S.2d 744

In the Matter of Lewis County Department of Social Services, on Behalf of Tracy L. De Long, Respondent, v. Frank L. Greene, Appellant

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

February 7, 1997

Order unanimously reversed on the law without costs and matter remitted to Lewis County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in holding respondent in willful violation of a child support order (see, Family Ct Act § 454) without providing him an opportunity to establish that he did not have the ability to pay the ordered support. To establish a willful violation...

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