42 A.D.2d 568 | N.Y. App. Div. | 1973
In a support proceeding under article 4 of the Family Court Act, the appeal is from an order of the Family Court, Rockland County, dated February 20, 1973 and made after a hearing, which committed appellant to the Rockland County Jail for six months because of his failure to obey a prior order of support of said court. Order reversed, on the law and the facts, without costs; and proceeding remitted to the Family Court for a new hearing and further proceedings not inconsistent herewith. In our opinion, “ competent proof” was not adduced at the hearing to support the determination of the Family Court that appellant had willfully failed to obey the court’s prior order of support (Family Ct. Act, § 454). The record reveals that appellant and his wife were not sworn as witnesses nor was appellant given an adequate onnortunity to be heard and present witnesses as to his physical inability to
