Abizadeh v. Abizadeh

• Decision Date: 20 January 2021
• Docket Number: Index No. 203117/09,2019–11581
• Citation: 136 N.Y.S.3d 772 (Mem),190 A.D.3d 797
• Parties: Ramin ABIZADEH, appellant, v. Galit ABIZADEH, respondent.
• Court: New York Supreme Court — Appellate Division

190 A.D.3d 797
136 N.Y.S.3d 772 (Mem)

Ramin ABIZADEH, appellant,
v.
Galit ABIZADEH, respondent.

2019–11581
Index No. 203117/09

Supreme Court, Appellate Division, Second Department, New York.

Submitted—December 14, 2020
January 20, 2021

Ramin Abizadeh, Albertson, NY, appellant pro se.

MARK C. DILLON, J.P., SYLVIA O. HINDS-RADIX, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.

DECISION & ORDER

In a matrimonial action, the plaintiff appeals from an order of the Supreme Court, Nassau County (Thomas Rademaker, J.), entered August 13, 2019. The order denied the plaintiff's motion, inter alia, to hold the defendant in civil contempt for failure to comply with a certain provision of a judgment of divorce of the same court dated May 6, 2014.

ORDERED that the order is affirmed, without costs or disbursements.

The parties were divorced by a judgment dated May 6, 2014. In an order after trial dated July 12, 2013, which was incorporated into the judgment of divorce, the parties were directed to place the marital home on the market for sale within 30 days of the date of the order. According to the plaintiff, he attempted to have the marital home sold, but the defendant did not cooperate with the sale. According to the defendant, the plaintiff's failure to pay child support prevented her from moving out of the marital home. As relevant here, in or about August 2014, the plaintiff moved to hold the defendant in contempt for failing to place the marital home on the market for sale. In an order dated March 5, 2015, the Supreme Court appointed a receiver to effectuate the sale of the marital home, presumably due to the acrimony

136 N.Y.S.3d 773

between the parties (see Lutz v. Goldstone, 42 A.D.3d 561, 840 N.Y.S.2d 620 ). Thereafter, the plaintiff again moved to hold the defendant in contempt for failing to comply with the directive of the judgment of divorce to place the marital home for sale within 30 days of the date of the order, for a money judgment in the sum of $168,153, allegedly representing one half of the marital home's equity that was allegedly dissipated by the...