Cappione v. Cappione

— Appeal from an order of the Supreme Court, entered June 24, 1977 in St. Lawrence County, which held defendant in contempt for noncompliance with an order of support, without a hearing. Subdivision 3 of section 246 of the Domestic Relations Law provides that where a person asserts his financial inability to comply with the support provisions of a divorce decree as a defense in a proceeding against him pursuant to section 245, he is entitled to an evidentiary hearing to resolve conflicting claims before he can be adjudged in contempt (cf. Hickland v Hickland, 56 AD2d 978, and cases cited…