SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 1, 1968
VILMA ESPOSITO, RESPONDENT,
GENNARO ESPOSITO, APPELLANT
Appeal from two orders of the Supreme Court, Queens County, one dated November 20, 1967, which granted plaintiff's motion to adjudge defendant in contempt of court for failure to pay temporary alimony, and one dated February 15, 1968, which denied defendant's motion for reargument. Appeal from order of February 15, 1968 dismissed, with costs. No appeal lies from an order denying reargument.
Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.
In our opinion, the circumstances warrant a determination on oral proof rather than on conflicting affidavits (Abbey v. Abbey, 7 A.D.2d 910; Larotondo v. Larotondo, 285 App. Div. 899).
Order of November 20, 1967, reversed, on the law and the facts, without costs, and plaintiff's motion remitted to Special Term for a hearing as to defendant's financial circumstances.
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