Smith v. Smith

—Order unanimously reversed on the law with costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: In dismissing the petition to enforce the order of Supreme Court in a divorce action that granted child support and maintenance pendente lite, Family Court cited Weaver v Weaver (72 AD2d 221). Weaver was a proceeding brought after the granting of the judgment of divorce to hold defendant in contempt for failing to obey the temporary order of alimony and child support. Contrary to Family Court’s determination, the court "may…