Matter of Ariel S. (Yesenia L.)
2013 NY Slip Op 07567 [111 AD3d 496]
November 14, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


In the Matter of Ariel S. and Others, Infants. Yesenia L., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

—[*1] Latham & Watkins, LLP, New York (Michael J. Raine of counsel), for appellant.

Order, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about June 20, 2012, which, upon appellant's admission that she committed civil contempt, ordered her incarcerated for fourteen days, unanimously modified, on the law, the disposition vacated and a suspended judgment substituted therefor, and otherwise affirmed, without costs.

Appellant admitted that she knowingly and willfully violated a court order suspending her visitation rights of her children. As such, the Family Court correctly found appellant in civil contempt (Matter of McCormick v Axelrod, 59 NY2d 574, 582-583 [1983]).

We find under the circumstances that the imposition of fourteen days in prison was inappropriate. Concur—Tom, J.P., Mazzarelli, Freedman, Richter and Feinman, JJ.