Schmerer ex rel. McElroy v. McElroy

In a proceeding pursuant to section 454 of the Family Court Act, the appeal is from an order of the Family Court, Westchester County (Miller, J.), entered August 31, 1983, which, inter alia, (1) found that appellant had willfully failed to obey prior court orders of support and (2) committed the appellant to the Westchester County Penitentiary.

Order modified, on the law, by striking from the first decretal paragraph thereof the words, “based upon a preponderance of the credible evidence”, and by substituting therefor the following: “based upon clear and convincing evidence”. As so modified,…