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MATTER OF RICCIO v. PAQUETTE

284 A.D.2d 335 (2001)

725 N.Y.S.2d 884

In the Matter of GLORIA RICCIO, Respondent, v. CHRISTOPHER PAQUETTE, Appellant.

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

Decided June 4, 2001.

Ordered that the order dated July 12, 2000, is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for a new hearing and determination in accordance herewith.

In the absence of proof of an ability to pay, an order of commitment for willful violation of a support order may not stand (see, Family Ct Act § 455 [5]; Matter of Roth v Bowman, 245 A.D.2d 521<...

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