Rodriguez v. Rodriguez
| Decision Date | 21 February 1995 |
| Citation | 212 A.D.2d 684,623 N.Y.S.2d 154 |
| Parties | Nicholas RODRIGUEZ, Appellant, v. Geraldine RODRIGUEZ, Respondent; Roberto Lebron, Non-Party Respondent. |
| Court | New York Supreme Court — Appellate Division |
A. Charles D'Agostino, White Plains (Rocco F. D'Agostino, of counsel), for appellant.
Roberto Lebron, non-party respondent pro se.
In an action for a divorce and ancillary relief, the plaintiff appeals from (1) stated portions of an order of the Supreme Court, Westchester County (Fredman, J.), entered January 20, 1993, which, inter alia, found him to be in contempt of court and imposed sanctions, and (2) an order of the same court, entered August 9, 1993, which, inter alia, granted the motion of the defendant's former counsel for leave to enter a money judgment in his favor and against the plaintiff in accordance with the order entered January 20, 1993.
ORDERED that the non-party respondent is awarded one bill of costs.
The Supreme Court did not err in holding the plaintiff in contempt based upon his failure to comply with the unequivocal and lawful mandate embodied in the judgment of divorce, which directed him to execute a deed to certain property in Puerto Rico in favor of the defendant at his own cost and expense, "together with any and all other documents necessary to effectuate the aforesaid conveyance" (see, Guerriere v. Guerriere, 188 A.D.2d 583, 591 N.Y.S.2d 475). Moreover, since the plaintiff failed to raise any factual issues concerning his failure to carry out the court's directive, a full evidentiary hearing was not required (cf., Singer v. Singer, 52 A.D.2d 774, 382 N.Y.S.2d 793).
We have considered the plaintiff's remaining contentions and find them to be without merit.
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