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IN THE MATTER OF GRASSO v. LAROCCA

54 A.D.3d 760 (2008)

864 N.Y.S.2d 88

In the Matter of TRACY GRASSO, Respondent, v. JOSEPH A. LAROCCA, Appellant.

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

September 9, 2008.

Ordered that the order of commitment 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 a new determination thereafter on the issue of the father's ability to pay his child support obligations.

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 Yeager v Yeager, 38 A.D.3d 534...

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