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In the Matter of Shockome v. Shockome

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 2006
30 A.D.3d 529 (N.Y. App. Div. 2006)

Opinion

2005-04683.

June 13, 2006.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Amodeo, J.), dated May 5, 2005, which found her guilty of criminal contempt.

Barry L. Goldstein, Yonkers, N.Y., for appellant.

Philip W. Kenny, Poughkeepsie, N.Y., for respondent (no brief filed).

Before: Adams, J.P., Santucci, Fisher and Covello, JJ., concur.


Ordered that the appeal is dismissed, without costs or disbursements.

Where, as here, the purported contempt was committed within the immediate view and presence of the court and was punished summarily ( see Judiciary Law §§ 750, 752; 22 NYCRR 701.2), review must be had under CPLR article 78 and not by way of direct appeal ( see Judiciary Law § 755; Matter of Ellman, 117 AD2d 803; People v. Longo, 30 AD2d 828; People v. Epps, 21 AD2d 650, cert denied 379 US 940). Moreover, because this matter involves a Family Court Judge, this Court is without original jurisdiction to entertain it as a CPLR article 78 proceeding ( see Matter of Nolan v. Lungen, 61 NY2d 788; Matter of O'Connell v. Taddeo, 174 Misc 2d 110, 112; CPLR 506 [b] [1]).

Accordingly, the appeal must be dismissed.


Summaries of

In the Matter of Shockome v. Shockome

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 2006
30 A.D.3d 529 (N.Y. App. Div. 2006)
Case details for

In the Matter of Shockome v. Shockome

Case Details

Full title:In the Matter of TIMOTHY SHOCKOME, Respondent, v. YEVGENIA SHOCKOME…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 13, 2006

Citations

30 A.D.3d 529 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4850
817 N.Y.S.2d 115

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