Matter of Kainth v. Kainth

• Decision Date: 30 January 2007
• Docket Number: 2005-07641.,2005-07639.,2005-07640.
• Citation: 829 N.Y.S.2d 580,36 A.D.3d 915,2007 NY Slip Op 00648
• Parties: In the Matter of PRITPAL KAINTH, Respondent, v. INDER KAINTH, Appellant.
• Court: New York Supreme Court — Appellate Division

36 A.D.3d 915

829 N.Y.S.2d 580

2007 NY Slip Op 00648

In the Matter of PRITPAL KAINTH, Respondent, v. INDER KAINTH, Appellant.

2005-07639.

2005-07640.

2005-07641.

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

Decided January 30, 2007.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from (1) an order of the Family Court, Suffolk County (Fields-Ferraro, S.M.), dated June 17, 2005, which directed the entry of a money judgment in favor of the mother and against him in the sum of $9,705.54, (2) an order of the same court also dated June 17, 2005, which, after a hearing, found that he wilfully violated a child support order of the same court dated January 31, 2001 and directed the entry of a money judgment in favor of the mother and against him in the sum of $9,705.54, and (3) an order of commitment of the same court (Spinner, J.), dated June 17, 2005, which confirmed the finding of willfulness, and committed him to the Suffolk County Correctional Facility for a term of imprisonment of six months with the opportunity to purge the contempt by payment of the sum of $4,852.77 toward his arrears.

Ordered that the appeals from the first order dated June 17, 2005 directing the entry of a money judgment, and from so much of the second order dated June 17, 2005 as directed the entry of a money judgment, are dismissed, without costs or disbursements (see Family Ct Act § 439 [e]); and it is further,

Ordered that the appeal from the remainder of the second order dated June 17, 2005 is dismissed, without costs or disbursements, as that portion of that order was superseded by the order of commitment; and it is further,

Ordered that the appeal from so much of the order of commitment as committed the father to the Suffolk County Correctional Facility for a term of imprisonment of six months is dismissed as academic, without costs and disbursements, as the period of incarceration has expired (see Matter of Greene v Holmes, 31 AD3d 760 [2006]; Matter of Bradley v Beneduce, 24 AD3d 546 [2005]); and it is further,

Ordered that the order of commitment is reversed insofar as reviewed, on the law and the facts, without costs or disbursements, and that branch of the petition which was to adjudicate the father in willful violation of the child support order dated January 31, 2001 is denied.

The petitioner commenced this proceeding seeking, inter alia, a determination that the father willfully...