Dankner v. Steefel, 2006-04834.

• Decision Date: 12 June 2007
• Docket Number: 2006-04836.,2006-04834.
• Citation: 41 A.D.3d 526,838 N.Y.S.2d 601,2007 NY Slip Op 05214
• Parties: DIANE ELLEN DANKNER, Respondent, v. JOHN EDWIN STEEFEL, Appellant.
• Court: New York Supreme Court — Appellate Division

41 A.D.3d 526

838 N.Y.S.2d 601

2007 NY Slip Op 05214

DIANE ELLEN DANKNER, Respondent, v. JOHN EDWIN STEEFEL, Appellant.

2006-04834.

2006-04836.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 12, 2007.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from (1) so much of an order of contempt of the Supreme Court, Westchester County (Donovan, J.), dated May 18, 2006, as, after a hearing, granted those branches of the plaintiff's motion which were pursuant to CPLR 3215 for a default judgment on the second, third, fourth, fifth, sixth, and seventh causes of action and to hold him in contempt of court for failure to comply with the requirements of a certain so-ordered stipulation of settlement dated July 28, 2005, directed him to comply with stated provisions of the so-ordered stipulation of settlement by 12:00 P.M. on May 19, 2006 and conditionally imposed sanctions and penalties, including incarceration on weekends for a period of six months and, in effect, fines totaling up to $75,000 in the event of noncompliance with the terms of the order of contempt, and (2) an order of commitment of the same court, also dated May 18, 2006, which, upon the order of contempt, and subject to the submission by the plaintiff, inter alia, of an affidavit attesting to the defendant's failure and refusal to comply with the order of contempt, directed, inter alia, that he be incarcerated in the Westchester County jail on weekends for a period of six months. By decision and order on motion dated May 26, 2006, this Court granted that branch of the appellant's motion which was to stay enforcement of the order of contempt and the order of commitment pending hearing and determination of the appeals.

Ordered that the order of contempt is modified, on the law, the facts, and in the exercise of discretion, by deleting the second, third, fourth, and fifth decretal paragraphs thereof, directing the appellant, inter alia, to comply with stated provisions of the so-ordered stipulation of settlement and conditionally imposing sanctions and penalties, including incarceration on weekends for a period of six months and, in effect, fines totaling up to $75,000, and substituting therefor provisions directing the defendant to pay to the plaintiff a fine in the sum of $1,000 as a sanction for his prior contempt, and directing the defendant to deliver to the plaintiff all items of property listed on the schedule attached to the so-ordered stipulation, except for those items previously delivered to the plaintiff and for which the plaintiff has already acknowledged receipt; as so modified, the order of contempt is affirmed insofar as appealed from, without costs or disbursements, and the order of commitment is vacated; and it is further,

Ordered that the appeal from the order of commitment is dismissed as academic, without costs or disbursements, in light of our determination of the appeal from the order of contempt; and it is further,

Ordered that within 30 days after service upon him of a copy of this decision and order, the defendant shall pay to the plaintiff the fine in the sum of...