Cover v. Cover
| Decision Date | 19 June 2019 |
| Docket Number | 2018–11270,Index No. 19834/96 |
| Citation | 173 A.D.3d 970,104 N.Y.S.3d 669 |
| Parties | Harry COVER, Respondent, v. Nancy COVER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
173 A.D.3d 970
104 N.Y.S.3d 669
Harry COVER, Respondent,
v.
Nancy COVER, Appellant.
2018–11270
Index No. 19834/96
Supreme Court, Appellate Division, Second Department, New York.
Submitted—March 11, 2019
June 19, 2019
The Sallah Law Firm, P.C., Holtsville, N.Y. (Dean J. Sallah of counsel), for appellant.
Domenik Veraldi, Jr., Islandia, NY, for respondent.
RUTH C. BALKIN, J.P., SHERI S. ROMAN, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a matrimonial action, the defendant appeals from an order of the Supreme Court, Suffolk County (Carol MacKenzie, J.), dated December 12, 2017. The order, insofar as appealed from, denied the defendant's motion to hold the plaintiff in civil contempt for failure to comply with certain provisions of a judgment of divorce of the same court entered October 28, 1998.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff and the defendant were divorced by judgment entered October 28, 1998, which incorporated, but did not merge with, the parties' stipulation of settlement dated November 25, 1997. The judgment of divorce provided that the defendant shall have exclusive occupancy of the former marital residence until the earlier occurrence of one of several events, including the parties' child attaining the age of 21, upon which "the premises shall be immediately placed on the market for sale." The judgment of divorce also awarded the defendant a share of the plaintiff's Suffolk County Carpenters Union pension and directed the defendant to submit a Qualified Domestic Relations Order (hereinafter QDRO) authorizing distribution and payment from the plaintiff's pension.
After the parties' child attained the age of 21, the parties agreed that the defendant and the child would continue to reside in the former marital residence. The parties' child subsequently married and vacated the former marital residence. Shortly thereafter, the defendant vacated the former marital residence as well and told the plaintiff to place the residence on the market. The plaintiff declined to do so, citing the need for various repairs and...
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