Malta v. Malta

Order unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Plaintiff moved to punish defendant for contempt and for entry of a money judgment for alimony and child support arrearages, representing moneys defendant was required to pay pursuant to a divorce decree which incorporated the terms of a separation agreement without merging the agreement. Defendant cross-moved to modify the divorce judgment alleging that he was unable to pay, that plaintiff was living with another man and holding…