Skinnon and Faber CPA's, P.C. v Paletta
2003 NY Slip Op 51308(U)
Decided on August 7, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Contempt—Civil Contempt

Decided on August 7, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:WINICK, J.P., LIFSON and SKELOS, JJ.
NO. 2001-1337 S C

SKINNON AND FABER CPA's, P.C., Appellant, -

against

SERAFINO PALETTA, Respondent.


[*2]Appeal by petitioner, on the ground of inadequacy, from an order of the District Court, Suffolk County (E. Sperzel, J.), dated July 2, 2001, adjudicating respondent in civil contempt, fining respondent $250, plus $110 in costs and disbursements to be awarded to petitioner.


Order unanimously modified by providing that the award is vacated and the matter remanded for an assessment of attorney's fees to be awarded to petitioner; as so modified, affirmed without costs.

On the facts and circumstances presented, in addition to imposing a fine of $250 and $110 in costs and disbursements, the court below should have awarded petitioner reasonable attorney's fees incurred in the prosecution of the application to punish respondent for contempt (McCain v Dinkens, 84 NY2d 216, 226; Estate of Gardner v Carson, 295 AD2d 709, 710). Accordingly, the matter is remanded for a hearing for an assessment of such fees, including fees incurred prosecuting this appeal, in addition to the sums previously awarded.
Decision Date: August 07, 2003