| Ferdinand v Ferdinand |
| 2008 NY Slip Op 09025 [56 AD3d 604] |
| November 18, 2008 |
| Appellate Division, Second Department |
| David Ferdinand, Appellant, v Paulette Ferdinand,Respondent. |
—[*1]
In a matrimonial action in which the parties were divorced by judgment entered April 28,2006, the plaintiff appeals, as limited by his brief, from so much of an order of the SupremeCourt, Suffolk County (McNulty, J.), entered July 13, 2007, as denied those branches of his crossmotion and his motion which were to hold the defendant in contempt for violating the parties'stipulation of settlement and to transfer the matter to Justice Hudson.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court did not err in declining to transfer this matter to Justice Hudson, who nolonger sits in the matrimonial part and was evidently unable to hear the matter at the appropriatetime (see CPLR 2221 [a]; see e.g. Sparks v Essex Homes of WNY, Inc., 20AD3d 905 [2005]; Friends of Keuka Lake v DeMay, 206 AD2d 850 [1994]).
The Supreme Court properly denied, without a hearing, those branches of the plaintiff's crossmotion and motion which were to hold the defendant in contempt for violating the parties'stipulation of settlement (see McCain v Dinkins, 84 NY2d 216, 226 [1994];Goldsmith v Goldsmith, 261 AD2d 576 [1999]; Quantum Heating Servs. vAustern, 100 AD2d 843 [1984]).
The plaintiff's remaining contention regarding recusal is not properly before this Court.Mastro, J.P., Skelos, Balkin and Belen, JJ., concur.