SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
December 2, 1968
IN THE MATTER OF LENORE LYONS, RESPONDENT,
ANDREW J. LYONS, APPELLANT
Appeal from an order of the Family Court, Nassau County, entered June 26, 1968, which inter aliadirected appellant to make support payments. Order modified, on the law, by striking out the second ordering paragraph, which sentenced appellant to a jail term, with execution conditionally suspended.
Christ, Acting P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.
In our opinion, it was improper to order appellant's summary commitment in the event of his default under the support order (Family Ct. Act, § 454).
As so modified, order affirmed, without costs. The findings of fact below are affirmed.
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