Figueroa-Rolon v. Torres

• Decision Date: 01 October 2014
• Docket Number: 2013-00323, Docket Nos. V-18458-10, V-25387-10.
• Citation: 121 A.D.3d 684,993 N.Y.S.2d 348,2014 N.Y. Slip Op. 06584
• Parties: In the Matter of Luis A. Figueroa–ROLON, Sr., respondent, v. Veronica TORRES, appellant.
• Court: New York Supreme Court — Appellate Division

121 A.D.3d 684
993 N.Y.S.2d 348
2014 N.Y. Slip Op. 06584

In the Matter of Luis A. Figueroa–ROLON, Sr., respondent
v.
Veronica TORRES, appellant.

2013-00323, Docket Nos. V-18458-10, V-25387-10.

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

Oct. 1, 2014.

993 N.Y.S.2d 349

Larry S. Bachner, Jamaica, N.Y., for appellant.

Carol Lipton, Brooklyn, N.Y., for respondent.

Steven P. Forbes, Jamaica, N.Y., attorney for the child.

RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, and BETSY BARROS, JJ.

Opinion

121 A.D.3d 684

In related custody and visitation proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (Richardson–Mendelson, J.), dated December 11, 2012, which denied her motion to hold the

121 A.D.3d 685

father in civil and criminal contempt for willfully violating the visitation provisions of an order of the same court dated January 5, 2012, as modified by an order dated March 30, 2012.

ORDERED that the order dated December 11, 2012, is affirmed, without costs or disbursements.

To find a party in civil contempt pursuant to Judiciary Law § 753, the applicant must demonstrate, by clear and convincing evidence, “ ‘(1) that a lawful order of the court, clearly expressing an unequivocal mandate, was in effect, (2) that the order was disobeyed and the party disobeying the order had knowledge of its terms, and (3) that the movant was prejudiced by the offending conduct’ ” (El–Dehdan v. El–Dehdan, 114 A.D.3d 4, 16, 978 N.Y.S.2d 239, quoting Bernard–Cadet v. Gobin, 94 A.D.3d 1030, 1031, 943 N.Y.S.2d 164 ; see Judiciary Law § 753[A] ). To satisfy the prejudice element, it is sufficient to allege and prove

993 N.Y.S.2d 350

that the...