Rydzewski v. Rydzewski

— Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in summarily adjudging defendant in contempt of court for failure to pay maintenance pursuant to a court order. Defendant is entitled to notice whether civil or criminal contempt is sought and to a hearing on plaintiffs application to adjudicate him in contempt because a factual dispute exists that cannot be resolved on the motion papers. Defendant contends that he is financially unable to comply with the order for…