| Jaffe v Jaffe |
| 2007 NY Slip Op 07819 [44 AD3d 825] |
| October 16, 2007 |
| Appellate Division, Second Department |
| Dana Mitchell Jaffe, Respondent, v Kenneth Jaffe,Appellant. |
—[*1] Harris D. Kantor, Lake Success, N.Y., for respondent.
In a matrimonial action in which the parties were divorced by judgment entered January 8,2001, the defendant appeals, as limited by his brief, from so much of an order of the SupremeCourt, Suffolk County (McNulty, J.), dated June 26, 2006, as denied, without a hearing, thatbranch of his motion which was to hold the plaintiff in contempt based upon her allegedinterference with his visitation with the parties' children.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied, without a hearing, that branch of the defendant's motionwhich was to hold the plaintiff in contempt based upon her alleged interference with hisvisitation with the parties' children. A hearing is not mandated "in every instance where contemptis sought; it need only be conducted if a factual dispute exists which cannot be resolved on thepapers alone" (Bowie v Bowie, 182 AD2d 1049, 1050 [1992]; see Matter of Ginther v Ginther, 13AD3d 1128 [2004]; Matter of Benny v Benny, 199 AD2d 384 [1993]). Here, thedefendant's conclusory, baseless, and self-serving allegations were insufficient to raise an issue offact necessitating a hearing, and nothing in the record would support a finding that the plaintifffailed to comply with the visitation provisions of the separation agreement and its modification,both of which were incorporated by reference into the judgment of divorce (see Bowie vBowie, 182 AD2d 1049 [1992]; cf. Mulder v Mulder, 191 AD2d 541 [1993]).Rivera, J.P., Krausman, Angiolillo and McCarthy, JJ., concur.