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RUTH GRETZ, appellant, v. HERBERT GRETZ, respondent.

DECISION ORDER

ORDERED that the order is modified by adding thereto a provision suspending the sentence of seven days imprisonment; as so modified, the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the imposition of a seven-day jail sentence for violating the temporary order of protection was excessive. Accordingly, we substitute our discretion for that of the Supreme Court and impose a suspended sentence (see generally Matter of Lewin v. Lewin, 124 A.D.2d 730).

FEUERSTEIN, J.P., O'BRIEN, TOWNES and COZIER, JJ., concur.

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GRETZ v. GRETZ
(Oct 21, 2002)