McCORMACK v. McCORMACK

Order denying motion to vacate ex parte order and the judgment entered thereon reversed on the law and defendant's motion granted, without costs. A judgment may not be entered and docketed for unpaid temporary alimony. The plaintiff's remedy is by sequestration and contempt proceedings under sections 1171 and 1172 of the Civil Practice Act. ( Jacobson v. Jacobson, 85 Misc. 253; affd., 168 App. Div. 900.) Lazansky, P.J., Hagarty, Scudder, Tompkins and Davis, JJ., concur.