Did the New York Appellate Division, First Department err in upholding the Trial Court for adjudging Petitioner in civil contempt and ordering incarceration, for [child support] arrears that accumulated AFTER he filed a motion for downward modification, and while that motion had still not been heard?

question presented here is: Did the New York Appellate Division, First Department err in upholding the Trial : Court for adjudging Petitioner in civil contempt and ordering incarceration, for {child support] arrears that accumulated AFTER he filed a motion for downward modification, and while that motion had still not been heard? This question has divided the First and Second Departments, and has resulted in conflicting rulings, which in one case led to incarceration, and in the other case would not have.