Home/Appellate Division of the Supreme Court of New York/Pirrotta v. Pirrotta

Pirrotta v. Pirrotta

42 A.D.2d 715, 345 N.Y.S.2d 619, 1973 N.Y. App. Div. LEXIS 3947
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 2, 1973
StatusPublished
Cited by10 cases

This text of 42 A.D.2d 715 (Pirrotta v. Pirrotta) 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
Pirrotta v. Pirrotta, 42 A.D.2d 715, 345 N.Y.S.2d 619, 1973 N.Y. App. Div. LEXIS 3947 (N.Y. Ct. App. 1973).

Opinion

In an action in which a judgment was entered on December 14, 1971, granting plaintiff a separation, alimony and child support, defendant appeals from an order of the Supreme Court, Kings County, entered February 1, 1973, which, after a hearing, (1) granted plaintiff’s motion to adjudge defendant in contempt of court for failing to comply with said award of alimony and child support and (2) denied his motion to reduce the alimony and child support provisions of the judgment and to cancel the arrears. Order reversed, without costs, and motion and cross motion remitted to Special Term for a formal evidentiary hearing to determine the issues of alimony payments and contempt. No minutes were taken at the hearing on the motion and defendant claims he was not allowed to testify or cross-examine plaintiff. In our opinion, where a party may be held in contempt and committed and where the affidavits relating to his financial position are contradictory, a full and formal evidentiary hearing should be held and a record made thereof so as to permit a review of any. determination made (cf. Domestic Relations Law, §§ 245, 246; Espejo v. Espejo, 41 A D 2d 555). Hopkins, Acting P. J., Latham, Gulotta, Christ and Brennan, JJ., concur.

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

Related

Boritzer v. Boritzer
137 A.D.2d 477 (Appellate Division of the Supreme Court of New York, 1988)
Andrews v. Andrews
82 A.D.2d 948 (Appellate Division of the Supreme Court of New York, 1981)
Hickland v. Hickland
56 A.D.2d 978 (Appellate Division of the Supreme Court of New York, 1977)
Corso v. Corso
55 A.D.2d 944 (Appellate Division of the Supreme Court of New York, 1977)
Ehrenzweig v. Ehrenzweig
89 Misc. 2d 211 (New York Supreme Court, 1977)
Lamb v. Lamb
55 A.D.2d 830 (Appellate Division of the Supreme Court of New York, 1976)
Stroh v. Stroh
52 A.D.2d 844 (Appellate Division of the Supreme Court of New York, 1976)
Dechowitz v. Dechowitz
52 A.D.2d 573 (Appellate Division of the Supreme Court of New York, 1976)
Ciaschi v. Ciaschi
49 A.D.2d 991 (Appellate Division of the Supreme Court of New York, 1975)
Zeitouni v. Zeitouni
48 A.D.2d 941 (Appellate Division of the Supreme Court of New York, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
42 A.D.2d 715, 345 N.Y.S.2d 619, 1973 N.Y. App. Div. LEXIS 3947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pirrotta-v-pirrotta-nyappdiv-1973.