Opinion
2011-12-20
Howard NASH, respondent, v. Elizabeth YABLON–NASH, appellant.
Ramo, Nashak, Brown & Garibaldi LLP, Glendale, N.Y. (Gregory J. Brown of counsel), for appellant. Howard Nash, Great Neck, N.Y., respondent pro se.
Ramo, Nashak, Brown & Garibaldi LLP, Glendale, N.Y. (Gregory J. Brown of counsel), for appellant. Howard Nash, Great Neck, N.Y., respondent pro se.
REINALDO E. RIVERA, J.P., RANDALL T. ENG, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.
In a matrimonial action in which the parties were divorced by judgment entered March 20, 1996, the defendant former wife appeals from an order of the Supreme Court, Kings County (Prus, J.), dated December 22, 2010, which, in effect, granted that branch of the plaintiff former husband's motion which was to direct her to comply with the terms of visitation concerning the parties' son contained in an order of the same court dated December 7, 2006.
ORDERED that the order dated December 22, 2010, is reversed, on the law, with costs, and that branch of the plaintiff former husband's motion which was to direct the defendant former wife to comply with the terms of visitation concerning the parties' son contained in an order dated December 7, 2006, is denied.
The Supreme Court erred by, in effect, granting that branch of the plaintiff former husband's motion which was to direct the defendant former wife to comply with the terms of visitation concerning the parties' son contained in an order dated December 7, 2006. The subject child was over the age of 18 by the time of the motion and, thus, was no longer a minor subject to an order directing visitation ( see Matter of Weinschneider v. Weinschneider, 73 A.D.3d 1194, 901 N.Y.S.2d 701; Matter of Jeffers v. Hicks, 67 A.D.3d 800, 801, 888 N.Y.S.2d 593).
The defendant's remaining contention is without merit.