Tarone v Tarone
2013 NY Slip Op 01545 [104 AD3d 760]
March 13, 2013
Appellate Division, Second Department
As corrected through Wednesday, April 24, 2013


Gregory Tarone, Appellant,
v
Madeleine Tarone,Respondent.

[*1]Steven A. Feldman, Uniondale, N.Y., for appellant.

John Ray, Miller Place, N.Y. (Vesselin Mitev of counsel), for respondent.

In a matrimonial action in which the parties were divorced by judgment datedDecember 22, 2005, as amended October 15, 2009, the plaintiff appeals, as limited by hisbrief, from so much of an order of the Supreme Court, Nassau County (Diamond, J.),dated April 8, 2011, as, after a hearing, granted the motion of the defendant to hold himin contempt for failing to comply with a provision of the judgment of divorce, asamended, requiring him to pay maintenance.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted thedefendant's motion to hold him in contempt for failing to comply with a provision of thejudgment of divorce, as amended, requiring him to pay maintenance. The court correctlydetermined that the plaintiff's admitted failure to pay maintenance was willful, that hisconduct was calculated to, or actually, did defeat, impair, impede, or prejudice thedefendant's rights or remedies, and that enforcement measures less drastic than seeking tohold him in contempt would be ineffectual (see Domestic Relations Law §245; Taylor v Taylor, 83AD3d 815, 817 [2011]; Lopez v Ajose, 33 AD3d 976 [2006]).

The parties' remaining contentions are without merit. Eng, P.J., Rivera, Lott andMiller, JJ., concur.


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