Marrano v. Marrano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed on the law without costs and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The court, without a hearing, held defendant in contempt for failure to comply with the provisions of the parties’ financial stipulation, which was incorporated but not merged into their judgment of divorce (see, Singer v Singer, 52 AD2d 774). Because the record does not establish that alternative enforcement procedures were inadequate or that the *984court considered alternatives, it was error for the court to grant…
2Cases cited5 opinions
- Barreca v. BarrecaAppellate Division of the Supreme Court of the State of New York · 1980
- Heitzman v. HeitzmanAppellate Division of the Supreme Court of the State of New York · 1984
- Singer v. SingerAppellate Division of the Supreme Court of the State of New York · 1976
- Raphan v. RaphanAppellate Division of the Supreme Court of the State of New York · 1978
- Wiggins v. WigginsAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by1 opinion
- Gordon v. GordonAppellate Division of the Supreme Court of the State of New York · 1994