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DEMORRIS III v. DEMORRIS

279 A.D.2d 446 (2001)

719 N.Y.S.2d 593

WILLIAM V. DEMORRIS III, Appellant, v. HEIDE U. DEMORRIS, Respondent.

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

Decided January 8, 2001.

Ordered that the order is reversed, on the law, without costs. or disbursements, and the contempt adjudication is vacated.

The contempt adjudication must be vacated because the appellant did not receive prior notice of the proceeding (see, Judiciary Law § 756; Michael N.G. v Elsa R., 233 A.D.2d 264). Further, there is no indication in the record that another means of enforcement less drastic than incarceration...

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