MIRTUONO v. MIRTUONO

Order affirmed, with costs. Stay granted by order of this court dated March 30, 1984 vacated.

A party who willfully disables himself from complying with the terms of a judgment of separation is not thereby excused from compliance by reason of his financial inability to pay (see Serviss v Torino, 263 App. Div. 722). Moreover, Special Term did not abuse its discretion by granting the order of commitment without first conducting a hearing, inasmuch as defendant raised the very same arguments in opposition to plaintiff's motion for an order of commitment that he raised at the hearing to determine whether he should be held in contempt. Titone, J.P., Bracken, Boyers and Lawrence, JJ., concur.