Hafely v. Hafely

Appellate Division of the Supreme Court of New York

Hafely v. Hafely

257 A.D. 825, 11 N.Y.S.2d 1012, 1939 N.Y. App. Div. LEXIS 8046

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 1939

StatusPublished

This text of 257 A.D. 825 (Hafely v. Hafely) 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

Hafely v. Hafely, 257 A.D. 825, 11 N.Y.S.2d 1012, 1939 N.Y. App. Div. LEXIS 8046 (N.Y. Ct. App. 1939).

Pincite

Opinion

Order adjudging appellant in contempt for failure to pay forty-four dollars for support and maintenance of the infant daughter of the parties reversed on the law and the facts, without costs, and the motion denied, without costs. While the appellant had no right to reduce the weekly payments to thirteen dollars when the final decree directing payments of fifteen dollars a week had not been modified, we are of opinion that the moving papers herein are insufficient to raise a presumption that sequestration proceedings would be ineffectual; and under such circumstances there should not be punishment as for a contempt. Because of appellant’s recognition of his duty to support his child and his obvious willingness to do so, in the opinion of this court it was not wise to have assumed the expense of prosecuting this appeal over the small amount in dispute. Lazansky, P. J., Hagarty, Cars-well, Adel and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order adjudging appellant in contempt for failure to pay forty-four dollars for support and maintenance of the infant daughter of the parties reversed on the law and the facts, without costs, and the motion denied, without costs. While the appellant had no right to reduce the weekly payments to thirteen dollars when the final decree directing payments of fifteen dollars a week had not been modified, we are of opinion that the moving papers herein are insufficient to raise a presumption that sequestration proceedings would be ineffectual; and under such circumstances there should not be punishment as for a contempt. Because of appellant’s recognition of his duty to support his child and his obvious willingness to do so, in the opinion of this court it was not wise to have assumed the expense of prosecuting this appeal over the small amount in dispute. Lazansky, P. J., Hagarty, Cars-well, Adel and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

257 A.D. 825, 11 N.Y.S.2d 1012, 1939 N.Y. App. Div. LEXIS 8046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hafely-v-hafely-nyappdiv-1939.