Matter of Hill v Babb
2012 NY Slip Op 07117 [99 AD3d 1009]
October 24, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


In the Matter of Victor St. Hill, Appellant,
v
Frances Babb et al., Respondents.

[*1] Narissa Morris, Laurelton, N.Y., for appellant.

Francine Shraga, Brooklyn, N.Y., for respondent Frances Babb.

Steven S. London, Brooklyn, N.Y., for respondent Abiola T. Paddy.

Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of counsel), attorney for the children.

In a custody and visitation proceeding pursuant to Family Court Act article 6, the father appeals, by permission, from an order of the Family Court, Kings County (Ramirez, J.), dated July 20, 2011, which, without a hearing, denied his motion to hold the mother and the maternal grandmother in civil contempt.

Ordered that the order is affirmed, with one bill of costs.

Under the circumstances of this case, the Family Court did not improvidently exercise its discretion in denying the father's motion to hold the mother and the maternal grandmother in civil contempt for allegedly violating an order dated April 21, 2010 (see Bernard-Cadet v Gobin, 94 AD3d 1030, 1031 [2012]; Matter of Porta v Muratschew, 93 AD3d 850 [2012]; Matter of Kraemer v Strand-O'Shea, 66 AD3d 901 [2009]).

The father's remaining contentions are without merit. Rivera, J.P., Chambers, Hall and Roman, JJ., concur.