Appellate Division: Second Judicial Department

M209322

J/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-09349 Joseph Paese, appellant, v Janamarie Paese, respondent. (Index No. 2756/13)

DECISION, ORDER & JUDGMENT ON MOTION

Motion by the attorney for the child on an appeal from an order of the Supreme Court, Westchester County, entered October 2, 2015, (1) to hold the respondent in contempt for failing to obey a decision and order on motion of this Court dated October 27, 2015, which directed that the appellant continue his access with the subject child in accordance with an order of the Supreme Court, Westchester County, dated September 22, 2015, and for failing to obey a decision and order on motion of this Court dated January 12, 2016, which directed the respondent to produce the subject child for an interview with the attorney for the child, (2) to preclude the respondent from filing a brief unless she obeys the decisions and orders on motion of this Court dated October 27, 2015, and January 12, 2016, and (3) to enlarge the time of the attorney for the child to serve and file a brief. Application by the respondent to relieve the attorney for the child and for the assignment of a new attorney for the child.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to hold the respondent in contempt for failing to obey the decision and order on motion of this Court dated January 12, 2016, which directed the respondent to produce the subject child for an interview with the attorney for the child, is granted; and it is further,

ADJUDGED that the respondent is guilty of civil contempt, pursuant to Judiciary Law § 753(A) for her disobedience of a lawful mandate of the Court and her refusal to obey the decision and order on motion of this Court dated January 12, 2016, the terms of which the respondent had knowledge, thereby impairing the right of a party to the appeal; and it is further,

ORDERED that the attorney for the child shall serve a certified copy of this decision, order, and judgment on motion upon the respondent, by personal delivery, on or before April 21, 2016, and shall file proof of service with this Court; and it is further,

ORDERED that upon her adjudication of civil contempt pursuant to Judiciary Law § 753(A), the respondent is sentenced to a term of imprisonment of 30 days; execution of this sentence of imprisonment is stayed until May 23, 2016; and it is further,

ORDERED that the respondent shall be relieved of imprisonment or be released from imprisonment if she purges her contempt by producing the subject child for an interview at the office of the attorney for the child on a date and time arranged by counsel for the respondent and the attorney for the child; and it is further,

ORDERED that in the event that the respondent does not purge her contempt, this decision, order and judgment on motion, along with proof of service of a certified copy thereof, shall constitute authority to any peace officer or police officer in whatever jurisdiction of the State in which the respondent may be found, to take her into custody, on or after May 23, 2016, and thereupon deliver her to the custody of the Sheriff of Westchester County so that she may be produced before the Supreme Court, Westchester County, for proceedings to commence the term of imprisonment imposed upon her adjudication of civil contempt of court; and it is further,

ORDERED that the branch of the motion which is to hold the respondent in contempt for failing to comply with the decision and order on motion of this Court dated October 27, 2015, which directed that the appellant continue his access with the subject child in accordance with an order of the Supreme Court, Westchester County, dated September 22, 2015, is denied without prejudice to making a motion for that relief in the Supreme Court, Westchester County; and it is further,

ORDERED that the branch of the motion which is to preclude the respondent from filing a brief is denied as academic as the respondent has already filed a brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the attorney for the child to serve and file a brief is granted, the time of the attorney for the child to serve and file a brief is enlarged until June 14, 2016, and the brief of the attorney for the child must be served and filed on or before that date; and it is further,

ORDERED that the application is dismissed as that relief must be sought by a formal motion.

ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court