Appellate Division: Second Judicial Department

M266467

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2017-09822, 2017-09823, 2017-10982 In the Matter of Eliyahu C. Poltorak, respondent, v Bella Poltorak, appellant. (Proceeding No. 1) In the Matter of Bella Poltorak, appellant, v Eliyahu C. Poltorak, respondent. (Proceeding Nos. 2 and 3) (Docket Nos. V-12527-17, V-12526-17, V-12525-17, V-24393-17, V-26509)

DECISION, ORDER & JUDGMENT ON MOTION

Appeals from three orders of the Family Court, Kings County, dated September 19, 2017 (by permission), September 20, 2017 (by permission), and October 11, 2017, respectively, which were determined by decision and order of this Court dated December 19, 2018. By decision and order on motion of this Court dated December 12, 2017, the branch of the appellant's motion which was to hold the respondent in contempt pursuant to Judiciary Law §§ 750 and 753 for his willful refusal to obey, and for his continued disobedience of, a decision and order on motion of this Court dated September 25, 2017, was held in abeyance and the matter was referred to the Family Court, Kings County, to hear and report. The Family Court, Kings County, has filed its report dated June 28, 2019.

Upon the papers filed in support of motion and the papers filed in opposition and in relation thereto, and upon the report of the Family Court, Kings County, dated June 28, 2019, it is

ORDERED that the branch of the motion which was to hold the respondent in contempt is granted to the extent that the appellant is held in civil contempt and is otherwise denied; and it is further,

ADJUDGED that the respondent, Eliyahu C. Poltorak, is guilty of civil contempt, pursuant to Judiciary Law § 753, for his disobedience of a lawful mandate of the Court, thereby impairing and impeding the rights of the appellant, Bella Poltorak; and it is further,

ORDERED that upon his adjudication of civil contempt pursuant to Judiciary Law § 753, the respondent, Eliyahu C. Poltorak, is fined the sum of $250, which shall be paid to the appellant, Bella Poltorak, by delivering to the appellant's counsel, New York Legal Aid Assistance Group, a check payable to Bella Poltorak in that sum or cash in that sum, within 10 days of service upon him of a certified copy of this decision, order, and judgment on motion; and it is further,

ORDERED that within 10 days after payment of the fine, the respondent, Eliyahu C. Poltorak, shall file proof of payment with the Clerk of this Court; and it is further,

ORDERED that the appellant, Bella Poltorak, shall expeditiously serve a certified copy of this decision, order, and judgment on motion upon the respondent, Eliyahu C. Poltorak, by personal delivery, and shall file proof of service with this Court.

LEVENTHAL, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court