In a separation action, order granting respondent's motion to punish the appellant for contempt and denying appellant's cross motion for relief under section 1172-a of the Civil Practice Act, reversed on the law and the facts, without costs, and the matter referred to an Official Referee to hear and report to Special Term. The question of the appellant's financial ability is sufficiently controverted to require a formal hearing. Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.