Savas v. Bruen
| Decision Date | 18 October 2017 |
| Docket Number | 2016-08665, Docket No. O-43-13/13A., 2016-09640, 2016-09638 |
| Citation | 154 A.D.3d 859,62 N.Y.S.3d 475 |
| Parties | In the Matter of Joelle Merla SAVAS, respondent, v. Daniel Joseph BRUEN, appellant. |
| Court | New York Supreme Court — Appellate Division |
154 A.D.3d 859
62 N.Y.S.3d 475
In the Matter of Joelle Merla SAVAS, respondent,
v.
Daniel Joseph BRUEN, appellant.
2016-08665
2016-09638
2016-09640
Docket No. O-43-13/13A.
Supreme Court, Appellate Division, Second Department, New York.
Oct. 18, 2017.
Arleen Lewis, Blauvelt, NY, for appellant.
Lynn J. Brustein–Kampel, P.C., New City, NY, for respondent.
WILLIAM F. MASTRO, J.P., SANDRA L. SGROI, JEFFREY A. COHEN, and JOSEPH J. MALTESE, JJ.
Appeals from an order, an order and judgment, and an order of commitment of the Supreme Court, Rockland County (IDV Part) (Victor J. Alfieri, Jr., J.), all dated August 9, 2016. The order directed the appellant to appear on a date certain for further proceedings. The order and judgment, after a hearing, in effect, granted a petition to hold the appellant in civil contempt of court for failure to participate in a batterer's education program and pay the costs thereof and to pay attorney's fees to the attorney for the petitioner in accordance with the terms of an order of protection of that court dated December 17, 2014, fined the appellant $100, and directed that the appellant be incarcerated until he purged himself of his contempt by re-registering for the batterer's education program and paying the sum of $6,250 to the petitioner's attorney. The order of commitment, upon the order, directed that the appellant be committed to the Rockland County Correctional Facility for a period of 90 days unless he purged his contempt.
ORDERED that the appeals from the order and the order of commitment are dismissed as academic, without costs or disbursements; and it is further,
ORDERED that the order and judgment is affirmed, without costs or disbursements.
The petitioner commenced this proceeding, in effect, to hold the appellant in civil contempt of court for failing to participate in a batterer's education program and pay the costs thereof and to pay attorney's fees
to the attorney for the petitioner in accordance with the terms of an order of protection dated December 17, 2014. In an order dated June 17, 2015, the Supreme Court granted the petition and directed that the appellant be incarcerated unless he purged himself of his contempt within 30 days. On appeal, this Court reversed the order and remitted the matter to the Supreme Court for a hearing to determine whether the appellant had the financial ability to comply with the order of protection (see Matter of Savas v. Bruen, 139 A.D.3d 736, 30 N.Y.S.3d 673 ). After the hearing upon remittitur, the Supreme Court determined that the appellant had the financial ability to comply with the order of protection. The court gave the appellant an additional 30 days to comply with the conditions of the order of protection, but he failed to do so.
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