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Ellis v. Ellis

85 A.D.2d 602, 444 N.Y.S.2d 694, 1981 N.Y. App. Div. LEXIS 16412
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 7, 1981
StatusPublished
Cited by7 cases

This text of 85 A.D.2d 602 (Ellis v. Ellis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellis v. Ellis, 85 A.D.2d 602, 444 N.Y.S.2d 694, 1981 N.Y. App. Div. LEXIS 16412 (N.Y. Ct. App. 1981).

Opinion

In a support proceeding, the husband appeals from an order of the Family Court, Putnam County (Delaney, J.), dated May 21,1981, committing him to jail for a period of six months for violation of a support order. Order reversed, on the law, without costs or disbursements, and contempt petition dismissed. The findings of fact have not been considered. The order to show cause, by which the contempt application was made, failed to contain the notice and warning required by subdivision (b) of section 453 of the Family Court Act. Accordingly, the Family Court lacked jurisdiction to order the appellant’s commitment (see Barreca v Barreca, 77 AD2d 793). Hopkins, J. P., Mangano, Rabin and Cohalan, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
85 A.D.2d 602, 444 N.Y.S.2d 694, 1981 N.Y. App. Div. LEXIS 16412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-ellis-nyappdiv-1981.