Order, denying plaintiff's motion for the entry of judgment for arrears of alimony, unanimously reversed, with $10 costs and disbursements to the appellant, and the motion granted. We affirm the order denying the motion to punish for contempt because we feel the court at Special Term had the right to find, under all the circumstances presented, that the conduct of the defendant was not contumacious. The defendant, however, was not entitled to any credit for alimony payments in a larger amount made by him prior to the entry of the order of modification; for that reason we reverse the second order and grant plaintiff's motion. Settle order on notice.