Matter of Jules v Corriette
2008 NY Slip Op 07912 [55 AD3d 732]
October 14, 2008
Appellate Division, Second Department
As corrected through Wednesday, December 10, 2008


In the Matter of Lude Jules, Respondent,
v
Ursula Corriette,Appellant.

[*1]Michael A. Fiechter, Bellmore, N.Y., for appellant.

James I. Gelb, Brooklyn, N.Y., for respondent.

In a custody and visitation proceeding pursuant to Family Court Act article 6, the mother appealsfrom an order of the Family Court, Kings County (Olshansky, J.), dated June 15, 2007, which, after ahearing, granted those branches of the father's motion which were to hold her in civil contempt forviolating, inter alia, orders of the same court dated December 9, 2005, August 25, 2006, and March22, 2007, respectively, and for the award of an attorney's fee, sentenced her to weekend incarcerationfor a period of six months, and suspended the sentence subject to her future compliance with all ordersof the Family Court.

Ordered that the order is affirmed, with costs.

Contrary to the mother's contentions, the record established by clear and convincing evidence thatshe willfully violated clear and unequivocal court orders, thereby prejudicing the father's right totemporary custody and visitation with the child (see Rienzi v Rienzi, 23 AD3d 447, 449 [2005]; Matter ofBarcham-Reichman v Reichman, 250 AD2d 609 [1998]). The Family Court's award of anattorney's fee to the father was also appropriate (see Matter of Meier v Key-Meier, 36 AD3d 1001, 1004 [2007]).

The mother's remaining contentions are without merit. Prudenti, P.J., Santucci, McCarthy andChambers, JJ., concur.


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