Fischer v. Fischer
| Decision Date | 31 March 1997 |
| Citation | 237 A.D.2d 559,655 N.Y.S.2d 630 |
| Parties | Ellen FISCHER, Appellant, v. Eddie FISCHER a/k/a Zev Fischer, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Barry Elisofon, Brooklyn, for appellant.
Irwin Haut, Brooklyn, for Agunah, Inc., amicus curiae.
Before O'BRIEN, J.P., and RITTER, KRAUSMAN and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action in which the parties were divorced by judgment dated December 16, 1993, the plaintiff former wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Patterson, J.), dated March 18, 1996, as denied those branches of her motion which were (1) to remand the defendant former husband to the custody of the New York City Commissioner of Correction on the ground that he failed to comply with the purging provisions of an order of the same court dated July 5, 1995, which found him to be in contempt of court, and (2) for attorney's fees.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff former wife's motion which were (1) to remand the defendant former husband to the custody of the New York City Commissioner of Correction on the ground that he failed to comply with the purging provisions of the order dated July 5, 1995, and (2) for attorney's fees are granted, and the matter is remitted to the Supreme Court, Kings County, for a determination as to the amount of attorney's fees.
Pursuant to a stipulation of settlement and the divorce judgment, the former husband promised to submit to the jurisdiction of a rabbinical court and voluntarily give the former wife a Jewish divorce known as a "get", without which she may not remarry within her faith. The judgment further provided that the former husband would pay weekly child support. However, the former husband repeatedly refused to cooperate in obtaining the "get", and he failed to pay child support. The former wife obtained money judgments for the support arrears, and, finally, moved to hold the former husband in contempt for his failure to pay child support and comply with the provisions of the divorce judgment regarding the procurement of a "get".
The Supreme Court issued an order holding the former husband in contempt and committing him to jail. The contempt order provided that the former husband could purge the contempt by paying $4,000 in support arrears, arranging for the payment of the remainder of the arrears pursuant to an agreed upon schedule, and fully cooperating in...
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...58 N.Y.2d 108, 112, 459 N.Y.S.2d 572, 446 N.E.2d 136, cert. denied 464 U.S. 817, 104 S.Ct. 76, 78 L.Ed.2d 88; see Fischer v. Fischer, 237 A.D.2d 559, 560, 655 N.Y.S.2d 630] ). The husband failed to appear at the Beth Din by March 31, 2008, and the wife moved to hold him in contempt of court......
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Masri v. Masri, 1557/2016.
...in obtaining a religious divorce, either by imposing contempt remedies or by withholding civil economic relief. See, Fischer v. Fischer, 237 A.D.2d 559, 560–561, 655 N.Y.S.2d 630 (2d Dept.1997) ; Kaplinsky v. Kaplinsky, 198 A.D.2d 212, 212–213, 603 N.Y.S.2d 574 (2d Dept.1993) ; Waxstein v. ......
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A.W. v. I.N.
...sanctions and/or withholding economic relief in the event of a party's non-cooperation with same. (See, Fischer v. Fischer, 237 A.D.2d 559, 655 N.Y.S.2d 630 [2nd Dept.1997] ; Kaplinsky v. Kaplinsky, 198 A.D.2d 212, 603 N.Y.S.2d 574 [2nd Dept.1993] ; Waxstein v. Waxstein, 90 Misc. 2d 784, 39......