Passonno v. Passonno

Mikoll, J. (dissenting). I respectfully dissent. Plaintiff instituted proceedings pursuant to section 245 of the Domestic Relations Law on February 7, 1979 to adjudge defendant in contempt of court for his noncompliance with the divorce decree granted to plaintiff and the order of the court of December 20, 1978 which dismissed defendant’s application for modification of the divorce decree and awarded plaintiff a judgment of $1,000 in arrearages for support payments. Plaintiff’s affidavit alleges the existence of the court order, dated December 20, 1978, failure of defendant to substantially…