GRECO v. RODRIGUEZ


28 A.D.3d 422 (2006)

811 N.Y.S.2d 574

DIANE GRECO, Respondent, v. WAYNE RODRIGUEZ, Appellant.

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

April 4, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a new hearing before a different Justice and a new determination of the motion and cross motion.

The Supreme Court improperly granted the wife's motion, inter alia, to punish the husband for contempt without first holding an evidentiary hearing regarding his assertion of financial inability to...

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