| Cervera v Bressler |
| 2009 NY Slip Op 05740 [64 AD3d 533] |
| July 7, 2009 |
| Appellate Division, Second Department |
| Frank Cervera, Appellant, v Rossanna Bressler,Respondent. |
—[*1] Dewbury and Associates, Carmel, N.Y. (Dori-Ellen S. Feltman of counsel), forrespondent.
In a matrimonial action in which the parties were divorced by judgment dated February 21,2001, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lubell, J.),entered March 18, 2008, which granted the defendant's motion to hold him in contempt of twoprevious orders directing him to pay one half of the forensic evaluator's fees.
Ordered that the order is reversed, on the law, without costs or disbursements, and themotion is denied.
As the mother, in effect, concedes, the order finding the father in contempt of court for notpaying his allotted 50% share of the forensic evaluator's fees must be reversed in light of thisCourt's decision and order dated April 15, 2008 (see Cervera v Bressler, 50 AD3d 837 [2008]), inter alia, mandatinga hearing to determine the relative financial circumstances of the parties and, based on theoutcome of that hearing, to reapportion the parties' payment obligations regarding fees for theforensic evaluator and attorney for the child. Spolzino, J.P., Skelos, Dillon and Covello, JJ.,concur.