Matter of B. (Anonymous), Patricia; S. (Anonymous), S
Motion No: 2007-06134
Slip Opinion No: 2008 NYSlipOp 73586(U)
Decided on June 3, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71303

E/cb

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

HOWARD MILLER, JJ.

2007-06134

DECISION, ORD

In the Matter of Patricia B. (Anonymous).

Nassau County Department of Social Services,

respondent; Mona H. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Shonta S. (Anonymous).

Nassau County Department of Social Services,

respondent; Mona H. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of David S. (Anonymous).

Nassau County Department of Social Services,

respondent; Mona H. (Anonymous), appellant.

(Proceeding No. 3)

In the Matter of Joshua G. (Anonymous).

Nassau County Department of Social Services,

respondent; Mona H. (Anonymous), appellant.

(Proceeding No. 4)

(Docket Nos. N-242-06, N-243-06, N-244-06,

N-245-06)

ER & JUDGMENT ON MOTION

Motion by the appellant on an appeal from an amended order of the Family Court, Nassau County, dated May 24, 2007, to adjudge Kenyetta Morrison, a court reporter, in criminal contempt of court for willful failure to comply with the lawful mandate of this court contained in the decision and order on motion of this court dated February 19, 2008, directing her, on or before April 3, 2008, to serve upon the attorney for the appellant copies of the transcripts of the trial proceedings of the above-entitled matter.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED and ADJUDGED that Kenyetta Morrison is guilty of criminal contempt of court by reason of having willfully failed to comply with the lawful mandate of this court that, on or before July 3, 2008, she serve upon the attorney for the appellant copies of the transcripts of the trial proceedings of the above-entitled matter; and it is further,

ORDERED that on or before June 30, 2008, the appellant's attorney shall personally serve Kenyetta Morrison with a copy of this decision, order, and judgment on motion; and it is further,

ORDERED that upon her adjudication of criminal contempt of court, Kenyetta Morrison shall be imprisoned under the jurisdiction of the Sheriff of Nassau County for a period of 30 days and shall be fined the sum of $250; and it is further,

ORDERED that this decision, order, and judgment on motion shall constitute authority to any peace officer in whatever jurisdiction of the State in which Kenyetta Morrison may be found to take her into custody and thereupon deliver her into the custody of the Sheriff of Nassau County so that the term of imprisonment imposed upon the adjudication that she is in criminal contempt of court may commence; and it is further,

ORDERED that after the commencement of the sentence of imprisonment imposed above, Kenyetta Morrison may purge herself of the contempt by fully complying with the decision and order on motion of this court dated February 19, 2008, and upon the providing of the required transcripts the balance of the sentence of imprisonment shall be remitted; and it is further,

ORDERED that if Kenyetta Morrison has not contacted the appellant's assigned counsel within 30 days after service of a copy of this decision, order, and judgment on motion upon her the appellant may move for a reconstruction hearing or summary reversal.

RIVERA, J.P., FISHER, LIFSON and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court